European Enforcement Order; RCS 62.88 Registration of Enforcement

Process Steps

The following rules apply for registration of 62.88 (1):

1.1 An application for registration for enforcement of a judgment, court settlement or authentic instrument certified as a European Enforcement Order shall be made by presenting to the Keeper of the Registers:

1.1.1 a certificate under Article 20(2)(b) of the Regulation (European Enforcement Order certificate);

1.1.2 a copy of the judgment, court settlement, or authentic instrument in accordance with Article 20(2) of the Regulation (enforcement procedure);

1.1.3 where the certificate under Article 20(2)(b) is in a language other than English, a translation of the certificate into English certified as correct by the translator and stating the full name, address and qualification of the translator; and

1.1.4 where the European Enforcement Order is expressed in a currency other than sterling, a certificate issued by a competent authority of a Member State of origin of the sterling equivalent of

- the principal sum,
- interest, and
- expenses,

contained in the judgment, court settlement or authentic instrument, as the case may be, at the rate of exchange prevailing at a date specified under the law of the Member State of origin for obtaining currency conversion in judicial matters.

Additional Information

Useful Links

European Enforcement Orders

Civil Jurisdiction and Judgments Act 1982 (External link)

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

Example of certificate

Example of translation of certificate

Example of judgment, court settlement or authentic instrument

Example of translation of judgment, court settlement or authentic instrument

1.5 where the certificate under Article 20(2)(b) is in a language other than English, a translation of the certificate into English certified as correct by the translator and stating the full name, address and qualification of the translator.

1.5.1 This should be the same format as the judgment, court settlement, or authentic instrument but a translated version. Please see notes below from legal services regarding whether the translation needs to be certified on the face of the document or not.

Translation of judgments

Rule 62.3 sets out the general requirements for translations of judgments:

“Where a judgment, award, or other document lodged with a petition or application to which this Chapter applies is in a language other than English, there shall be produced with the petition a translation into English certified as correct by the translator; and the certificate shall include his full name, address and qualification.”

Accordingly, the same standard for certification applies to the translation of the judgment as it does to the certification.

The rules of the court of session do not specify that a translator must be an individual. Therefore a translation certified by a body is acceptable. For example some countries may have a national body for translation, and a translation may be submitted certified by this national body (or a director thereof), rather than by an individual.

Certification of translation of EEO

Rule 62.3 makes reference to a “certificate” by the translator. It also refers to certification, but the use of the word certificate suggests that the certification does not have to appear on the face of the translation. Therefore, we can accept a letter containing the pieces of information required by Rule 62.88(1)(c) (“translation of the certificate into English certified as correct by the translator and stating the full name, address and qualification of the translator”). It is best practice for the document to be certified on its face.

However, the terms of the Rules are such that they suggest that a separate certificate is acceptable, at least for the judgment. It is very unlikely that the intention would be for translations of judgments to be certified one way in terms of Rule 62.88, and other translations to be certified another way. It is believed that we appear to have accepted translations accompanied by a covering letter / affidavit in the past (at least this is what the archived referral materials state). Generally, the terms of the Rules (both 62.88 and 62.3) do not allow us to insist upon the certification appearing on the face of the document. It is also very unlikely that the court intended to apply one evidentiary standard to translation of judgments and another to certificates.

The translation does not have to be an original or a genuine certified copy. A copy is acceptable as long as the certification is clear. (i.e. a copy of a certified copy would be acceptable.)

1.6 Where the European Enforcement Order is expressed in a currency other than sterling, a certificate issued by a competent authority of a Member State of origin of the sterling equivalent of:

1.6.1 the principal sum,

1.6.2 interest, and

1.6.3 expenses,

contained in the judgment, court settlement or authentic instrument, as the case may be, at the rate of exchange prevailing at a date specified under the law of the Member State of origin for obtaining currency conversion in judicial matters.

1.7 Confirm the link between currency conversion and EEO (not the Judgment).

The currency conversion should be at the date of the judgment, not the date on which the deed is sent to CAJR.

Example of exchange rate letter