Examples of using The declaration of enforceability in English and their translations into Slovak
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An appeal against the declaration of enforceability shall be lodged within 30 days of service thereof.
In case of a judgment, court settlement orauthentic instrument for which a declaration of enforceability is required, the declaration of enforceability.
The declaration of enforceability shall carry with it the power to proceed to any protective measures.
This is not a matter to be examined in the context of Article 34(1)of Regulation No 44/2001 in the context of the declaration of enforceability.
The declaration of enforceability shall carry with it by operation of law the power to proceed to any protective measures.
(4) The central question is whether, and if so to what extent, account must be taken of effects on rights of third persons as a ground for refusal in connection with the declaration of enforceability.
(a) to decisions given in the MemberStates before the date of application of this Regulation for which recognition and the declaration of enforceability are requested after that date;
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 the request for enforcement, a creditor must clearly define the enforceable title on the basis of which the enforcement is sought andstate that the declaration of enforceability was issued.
In proceedings to challenge the declaration of enforceability only the appellant's own rights may be asserted and not rights of third persons.
Once the procedure concerning an application for a declaration of enforceability has been concluded with a final decision, the municipal court(court of first instance) confirms that the declaration of enforceability is enforceable.
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.
Where a decision has been given in respect of several matters and the declaration of enforceability cannot be given for all of them,the court or competent authority shall give it for one or more of them.
When a decision is made on the declaration of enforceability of a foreign succession ruling involving a right in rem, the Act governs the adaptation of the unknown right in rem under those proceedings.
Hereby grant powers and instruct judicial enforcement officers to enforce the title(here are inserted the identification details of the enforceable title) for which this decision on the declaration of enforceability was issued.
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).
However, respect for the rights of the defence means that the defendant shouldbe 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.
During the time specified for an appeal pursuant to Article 49(5) against the declaration of enforceability and until any such appeal has been determined, no measures of enforcement may be taken other than protective measures against the property of the party against whom enforcement is sought.
If such an irregularity is exposed only after a European order for payment has been declared enforceable, the defendant must have the opportunity to raise that irregularity under national law, which, if it is duly established,will invalidate the declaration of enforceability.
If the party against whom enforcement is sought ishabitually resident in a Member State other than that in which the declaration of enforceability was given,the time for appealing shall be two months and shall run from the date of service, either on him or at his residence.
The declaration of enforceability enables the creditor to ask the competent judicial enforcement officer to make use, either simultaneously or successively, of all the available means of enforcement in order to exercise his/her rights, including the entitlement to the expenses of enforcement.
If the party against whom enforcement is soughtis domiciled in a Member State other than that in which the declaration of enforceability was given,the time for appealing shall be 60 days and shall run from the date of service, either on him in person or at his residence.
In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with regard to the establishment and subsequent amendment of the attestations andforms pertaining to the declaration of enforceability of decisions, court settlements and authentic instruments.
During the time specified for an appeal pursuant to Article 49(5) against the declaration of enforceability and until any such appeal has been determined, no measures of enforcement may be taken other than protective measures against the property of the party against whom enforcement is sought.
Furthermore, it follows from recital 18 to the Brussels I Regulation that respect for the rights of the defence means that the defendant shouldbe 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.
A ruling on a declaration of enforceability or a ruling rejecting the declaration of enforceability is made by the judge at his sole discretion on the basis of the submitted application and the documents attached thereto within 10 days of the day the application is filed without inviting the parties.
The declaration of enforceability enables the creditor to ask the judicial enforcement officer who requested the declaration to make use, either simultaneously or successively, of all the available means of enforcement provided for by law in order to exercise his/her rights, including the entitlement to the expenses of enforcement.