European Enforcement Order (EEO)
Lithuania is a member of a European Union (EU), meaning that there is a possibility to enforce a decision made by the court of a European Union member state using European Enforcement Orders (EEOs).
What is an EEO?
An EEO is a judgment:
- made by the court of a European Union member state; and
- which does not need formal recognition by the court of another member state to be enforced there.
The EEO procedure therefore presents the creditor with an opportunity to enforce his judgment against the debtor's assets in another member state more quickly and less expensively than by registering the judgment.
Does the EEO procedure apply to all EU Member States?
It applies to every member state except for Denmark, which has opted out of the procedure.
What sort of judgment may become an EEO?
Eligible judgments are those made on or after 21 January 2005 and which arise from uncontested civil or commercial claims. "Uncontested" means a claim in which, during the course of the court proceedings, the debtor has:
- admitted the claim or agreed to settle the claim (with the settlement terms then being approved by the court); or
- never objected to the claim; or
- not appeared or been represented at court regarding the claim after having initially objected to it; or
- expressly agreed to the claim in an authentic instrument.
EEOs do not apply to property rights arising out of a matrimonial relationship, wills, bankruptcy or proceedings relating to the winding up of insolvent companies or arbitration claims.
How do I get an EEO?
You make an application to the court which made the judgment, explaining how the judgment is eligible for an EEO. If the court finds that its judgment is eligible, it will provide you with a sealed copy of the judgment and an EEO Certificate.
On obtaining those documents, you send them to the court of the member state within which you want to enforce the judgment. You will usually need to provide the court with a translation of the EEO Certificate into the official language of that particular member state.
If you have an EEO, contact us and we will help you with further actions on the enforcement.
Recognition and enforcement of a foreign court decision
Pursuant to article 809 of the Code of Civil Procedure, a foreign court judgment can be enforced only after the Lithuanian Court of Appeal recognizes and permits to enforce it. If for any reason it is not possible to get an European Enforcement Order, it is necessary to apply to Lithuanian Court of Appeal and recognize the decision, made by court of other country than Lithuania. All the procedures concerning recognition of foreign court judgment are declared in Code of Civil Procedure of Republic of Lithuania. For more information about recognition and enforcement of foreign court decision please contact us.