Do you have a claim against a debtor in Croatia or another Member State of the European Union? Croatian law, in accordance with EU regulations, enables fast and effective debt recovery, even in cross-border situations. Through enforcement proceedings and the European order for payment, foreign creditors can exercise their rights without lengthy court disputes and complex bureaucracy. With the correct choice of procedure and professional legal support in Croatia, debt recovery can be simple, secure, and legally effective – regardless of the country in which the creditor or the debtor is located.
For a court or a notary public to act, a motion for enforcement must be clear and complete. It must include information about the court, the parties (the enforcement creditor and the enforcement debtor), their representatives, as well as personal identification numbers where prescribed. The enforceable instrument or authentic document must also be specified, the claim sought must be precisely defined, the means and object of enforcement must be chosen, and the motion must be signed.
In enforcement based on an authentic document (e.g. invoices, excerpts from business records), the motion additionally contains an order for payment, instructing the debtor to settle the debt voluntarily within a specified period before compulsory enforcement.
A motion for enforcement based on an enforceable instrument is submitted to the competent court using the prescribed form. In enforcement based on an authentic document, the motion is generally submitted electronically, and cases are automatically assigned to notaries public who act as court commissioners.
The enforcement creditor may withdraw the motion for enforcement at any time, in whole or in part, without the consent of the enforcement debtor. In such a case, the court discontinues the proceedings, and the enforcement creditor retains the right to initiate enforcement again at a later time. If the claim is settled, it is deemed that the motion has been withdrawn in the corresponding part.
By an enforcement order, the court determines: the basis for enforcement, the amount of the claim, the means and object of enforcement, the costs of the proceedings. In enforcement based on an authentic document, the order first requires voluntary payment and then determines compulsory enforcement. The debtor is also warned of the right to lodge an objection and of the consequences of untimely or unreasoned action.
The enforcement order is served on the parties and, where necessary, on other bodies (e.g. the Financial Agency). As a rule, enforcement may be carried out even before the order becomes final, except when it is based on an authentic document. The implementation of enforcement is supervised by municipal courts, and the court enforcement officer is obliged to act with respect for the dignity of the debtor and statutory limitations.
The debtor has the right to lodge an appeal against the enforcement order on grounds prescribed by law, for example if the claim does not exist, is time-barred, or has already been settled. In certain cases, it is possible to file an appeal even after the expiry of the deadline, and the court may refer the parties to civil litigation to determine the admissibility of enforcement.
The Croatian Enforcement Act, in accordance with European Union law, regulates special procedures enabling effective cross-border recovery of claims. These include the procedure for issuing a European Enforcement Order for uncontested claims and the European Account Preservation Order, which are particularly important for foreign creditors.
The procedure for the European Enforcement Order in the Republic of Croatia is conducted in accordance with Regulation (EC) No 805/2004, which introduces a European Enforcement Order for uncontested claims. The purpose of this Regulation is to allow court judgments, court settlements, and certain public documents to be enforced directly in other EU Member States without an additional recognition procedure. Croatian law sets out in detail the procedure for issuing a certificate of a European Enforcement Order, as well as the manner of enforcement based on such an instrument.
- In Croatia, courts, notaries public, administrative authorities, and other persons vested with public authority who are authorised to issue enforceable instruments are competent to issue a European Enforcement Order certificate. The certificate may be issued for:
- court decisions,
- court settlements,
- public documents that are enforceable in the Republic of Croatia.
The decision on issuing the certificate is made without a prior hearing of the debtor, and the issuing authority is obliged to deliver the certificate to the debtor as well. If the request for issuance of the certificate is refused or dismissed, the applicant has the right to appeal. In case of doubt as to whether the conditions have been met, the notary public forwards the case to the competent court for a decision. The law also provides for the possibility of correcting or revoking the certificate, for example if it was issued incorrectly or if circumstances have changed.
