Information for foreign creditor:
Enforcement of claims for foreign people and corporations:
If an international element takes place in proceeding, firstly it is necessary to solve the question of power of Slovak executor. The power of executor in the Slovak Republic is limited by the territory of the Slovak Republic. It means that the executor can seize only the property of debtor which is situated in the territory of the Slovak Republic. The person classified as the debtor does not need to be just a citizen of the Slovak Republic or the company established according to Slovak law; it can be a subject of any state under the condition that he has a confiscable property in the Slovak Republic. By the notion of confiscable property of the debtor the movables, debtor´s salary, his account receivables, securities and other rights in property are to be considered.
The basic precondition of execution is the existence of enforcement title; it means executable decision of state court, court of arbitration or other executable public record originating from a foreign state. The creditor who is in dispose of stated enforcement title can make the motion for execution to Slovak executor (in Slovak language), to which he encloses a legalized copy of enforcement title translated to Slovak language and he pays 16,50 euro court fee. The office of court executor provides the completion of filing the motion for execution, the creditor can be represented by the advocate who makes the motion instead of him and protects his well interests during the whole execution.
After filing the motion for execution the executor asks state (civil) court for authority conferment (in the form of written court approval with the execution) and after its approval the court executor sees about the execution against the debtor. After a successful end of execution the court executor pays out executed means on the account of creditor and by this the execution is finished. In case of successful execution the creditor is given all admitted means back and he is not charged with any other expenses (except success fee, if it was agreed on). The costs related to execution are exacted by executor from the property of debtor.
Under the notion of enforcement title an executable decision of state court, court of arbitration or of other executable public record coming from a foreign country is understood. For better orientation we divide enforcement titles as follows:
- Enforcement titles from EU
- Enforcement titles out of EU
- Arbitration award (disregarding the country of origin)
Enforcement titles from EU:
In case of enforcement titles coming from EU we advise to use the method according the article 9 of Regulation (EC) No 805/2004 of the European Parliament and of the Council and mark the enforcement title as European enforcement order (EEO). In case of marking of enforcement title as EEO, in the next execution it is considered to be national (Slovak) enforcement title and there is no need to do any further judicial procedure during the execution (art. 5 of Regulation No. 805/2004). The following types of decisions can be marked as a European enforcement order:
- Judgement but not from court of arbitration
- Court settlement
- Authentic instrument
More detailed information about European enforcement title is stated in Regulation No. 805/2004.
Under the rule of Regulation of the European Parliament and of the Council (EC) No. 1896/2006 in the Slovak Republic it is possible to execute on the basis of European order for payment as well, which was announced as executable by the court of origin (art. 18 of Regulation 1896/2006). In case of the fact that European order for payment was announced as executable, during the execution it is considered to be national (Slovak) enforcement title and there is no need to do any further judicial procedure during the execution (art. 19 of Regulation 1896/2006).
Under the rule of Regulation of the European Parliament and of the Council No. 861/2007 in the Slovak Republic it is possible to execute on the basis of judgement delivered in the member state in European small claims procedure (up to 2.000,- euro capital without interests and fees). This judgement is in the SR accepted without the possibility of objecting to its accepting and it is executed under the same conditions as the Slovak judgement (art. 20 and art. 21 of Regulation 861/2007).
In case of other enforcement titles coming from EU member countries, which are not marked neither as European enforcement order, nor as European order for payment or execution in small claims cases, the Council regulation No. 44/2001 (Brusells 1) is followed. The method in stated enforcement titles can be more time consuming and administratively more difficult.
Enforcement titles out of EU:
Executions of the decisions from non – EU states are regulated by appropriate international agreements and internal law of the SR (Act No. 97/1963 Coll. on the International Civil and Procedural Law). In case of decision taking in the country which is not a member of EU it is held valid that execution is more time consuming and administratively more difficult because courts firstly require recognition procedure before the execution (§ 63 of Act No. 97/1963 Coll.). This is not applicable if the international agreement, with which the SR and the state of origin are articled, appoints differently.
Arbitration award (disregarding the country of origin):
For executions of the foreign arbitration award it is not possible to use either Regulation (EC) No. 805/2004 of the European parliament and the Council, by which European enforcement order for uncontested claims is created (Art. 2, par. 2, point. d.), or Council Regulation No. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels 1) (Art. 1, par. 2, point d) and that is so in the case that arbitration award would come from EU member country. Disregarding the country of origin the arbitration award cannot be marked as European enforcement order.
Enactment acts to international conventions (e. g. Convention οn the Recognition and Enforcement of Foreign Arbitral Awards signed on 10 June 1958 in New York – published in the Collection of Laws of the SR as No.74/1959 Coll.) and national law of the SR (Act No. 244/2002 Coll. on arbitral procedure). Basically it is held valid that foreign execution of the foreign arbitration award can be more time consuming and administratively more difficult. However, in many cases the execution takes place without any further additional judicial procedure.