WELCOME TO THE WEBSITE OF THE
on making more efficient the enforcement of judicial decisions
within the European Union:
of a Debtor’s Assets
- Attachment of
Enforcement and Protective Measures
complete documentation of the study that was elaborated by Prof.
Dr. Burkhard Hess for the European Commission is available
on this website.
are grateful for any comments. You can find all necessary contact
English / German
of the Study
general objective of the study is to provide a comparative analysis
of the enforcement proceedings in civil matters in the Member
States of the EU, preparing a Green Paper of the European Commission.
To achieve this aim, four extensive questionnaires were compiled
in three languages (English, French and German) on the subjects
of transparency of debtors' assets, garnishment of bank accounts,
provisional enforcement and protective measures. These questionnaires
were answered by national reporters of the 15 member states
(an additional report relates to Scotland). The study does not
intend to harmonise the internal enforcement system of the Member
States, but addresses the “interfaces” between the
Regulation Brussels I and the national enforcement laws. The
general objective is to improve the cross-border enforcement
of pecuniary claims in the European Judicial Area.
On the basis of the national reports, the study analyses the
different national enforcement systems by way of functional
comparison. The main structures of the national legal systems
are fixed in synopses. The general report describes the different
legal orders and analyses their respective strengths and weaknesses.
The insights thereby gathered allow for the making of policy
recommendations regarding possible or necessary measures of
harmonisation on a European level.
The results of the study were discussed with experts of the
Member States in February, 2004. A consensus was ascertained
that the project should be continued with the objective of setting
up a Green Paper of the Commission in the next future.
In July 2003, the national reporters of the study JAI/A3/02/2002
set up a HEIDELBERG NETWORK ON EUROPEAN PROCEDURAL LAW which
is organised as a discussion forum. The network shall support
on-going legislative project of the European enforcement law.
Additional legislative projects within the European Judicial
Area shall equally be discussed.
study is also available on the website of the European Commission:
study is the exclusive property of the European Commission.