Examples of using Declaration of enforceability in English and their translations into Romanian
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Declaration of enforceability.
Judgments for which no declaration of enforceability is required.
Appeal against a court decision regarding the issue of a declaration of enforceability;
Most applications for a declaration of enforceability are successful(between 90% and 100%).
If the parent to whom the exercise of that responsibility is not awarded is recalcitrant, a declaration of enforceability will be needed.
An appeal against the declaration of enforceability is to be lodged within one month of service thereof.
A party may lodge an appeal(pritožba) against a decision by the district court on an objection to a declaration of enforceability.
Recognition or recognition and declaration of enforceability of a decision;
Or obtain a declaration of enforceability in the Member State in which the enforcement is sought,• in accordance with the exequatur procedure provided for in Regulation(EC) no.
Procedure An enforcement order featuring a declaration of enforceability serves as the basis for enforcement.
The declaration of enforceability shall be served on the party against whom enforcement is sought, accompanied by the judgment, if not already served on that party.
In that event,its order will not require a declaration of enforceability in accordance with the procedure in Chap-ter III, Section 2.
This means that a European order for payment can be enforced in other Member States like any local payment order issued there,i.e. without the need of a declaration of enforceability.
Since Section 2 concerns applications for a declaration of enforceability, I infer that it deals with situations in which recognition and enforcement are both required.
For decisions on maintenance obligations given in a Member State not bound by the 2007 Hague Protocol,there should be provision in this Regulation for a procedure for recognition and declaration of enforceability.
In case of a judgment, court settlement orauthentic instrument for which a declaration of enforceability is required, the declaration of enforceability.
The application for a declaration of enforceability shall be submitted to the court or competent authority of the Member State of enforcement communicated to the Commission in accordance with Article 64.
The court with which an appeal is lodged under Article 43 56 or Article 44 57 shall refuse or revoke a declaration of enforceability only on one of the grounds specified in Articles 34 and 3548.
The declaration of enforceability shall be served on the party against whom enforcement is sought, accompanied by the decision, if not already served on that party.
The court with which an appeal is lodged under Article 49 orArticle 50 shall refuse or revoke a declaration of enforceability only on one of the grounds specified in Article 37.
(3) An application for a declaration of enforceability of a judgment given in a Member State and enforceable in that State, in another Member State, should be submitted to the competent authorities listed in Annex II to Regulation(EC) No 44/2001.
The court with which an appeal is lodged under Articles 32 or33 shall refuse or revoke a declaration of enforceability only on one of the grounds specified in Article 24.
In cases where the declaration of enforceability is challenged, the ground of refusal of recognition and enforcement most frequently invoked is the lack of appropriate service pursuant to Article 34(2).
The court with which an appeal is lodged under Article 49 orArticle 50 shall refuse or revoke a declaration of enforceability only on one of the grounds specified in Article 37.
The public body seeking recognition and a declaration of enforceability or claiming enforcement of a decision shall upon request provide any document necessary to establish its right under paragraph 2 and to establish that benefits have been provided to the creditor.
However, respect for the rights of the defence means that the defendant should be able to appeal in an adversarial procedure, against the declaration of enforceability, if he considers one of the grounds for non-enforcement to be present.
In the case of a request with a view to recognition, declaration of enforceability or enforcement, the communication shall, in addition, specify merely whether the debtor has income or assets in that State.
Complications also stem from the fact that Member States do not interpretthe term"enforcement" in a uniform manner, which has resulted in the adoption of inconsistent Member State policies as to which judgments on parental responsibility require a declaration of enforceability.
Clear from Article 31 of the Regulation that the procedure for obtaining a declaration of enforceability(which thus covers applications for recognition and non-recognition) must be simplified and expeditious.
Having provided that a judgment given in a Member State is to be recognised in the other Member States without any special procedure being required,the Regulation organises the recognition and declaration of enforceability of judgments in two parts(Articles 21(1) and(3), 11(8), 40(1) and 42(1)).