Titlu executoriu european. Încuviinţarea executării hotărârii străine pe teritoriul României. Încuviinţarea executării silite de către instanţa de executare. Declinarea competenţei de soluţionare a cererii în favoarea tribunalului

European Enforcement Order. Enforcement of foreign judgement on Romanian territory. The approval of forced enforcement by the enforcement court. Declination of jurisdiction in favour of the Tribunal

Abstract

Under Art. 21 of EU Regulation 861/2007: "notwithstanding the provisions of this Chapter, the enforcement procedure shall be carried out in accordance with the law of the Member State in which it takes place".

According to the provisions of Art. 1103 (1) of the Civil Procedure Code: "foreign judgments which are not enforced voluntarily by those obliged to enforce them may be enforced on Romanian territory, on the basis of a warrant given, at the request of the interested person, by the court in whose district the enforcement is to be carried out".

Having...