European Enforcement Orders

The European Enforcement Order is a certificate which accompanies a judgment, a court settlement or an authentic instrument and which allows this judgment, settlement or instrument to freely circulate in the European Union. As such, this certificate constitutes a 'European judicial passport' for decisions, settlements, and authentic instruments.

A European Enforcement Order is needed to enforce in a member state a judgment given, a court settlement approved by or concluded before a court or an authentic instrument drafted in another member state and which concerns an uncontested claim. When a European Enforcement Order is obtained, there is no need to obtain a declaration of enforceability in the member state where the enforcement of the judgment, court settlement or authentic instrument is sought.

Useful links

Process steps; RCS 62.41 Issuing Certificates of Enforceability

Process steps; RCS 62.41B Issuing Certificates of Enforceability

Process steps; RCS 62.88 Registration of Enforcement

Civil Jurisdiction and Judgments Act 1982 (External link)

Court of Session Rules Scottish Courts and Tribunals website (External link)

Table of Contents
European Enforcement Orders - Background Part 1 - RCS 62.40 - General Part 2 - RCS 62.41 Part 3 - RCS 62.42 Part 4 - RCS 62.84 - Certificates under EC Regulation 805/2001 Part 5 - Authentication of Certificates Part 6 - Fees Part 7 - Quick Guide Part 8 - Examples

Practice Guide

Electronic signing and transmission of documents is now permitted in the Register of Judgments as per the Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Recognition and Enforcement of Judgments) 2022 which amended the Court of Session Rules to insert rule 62.3A.