Translation of "Provisionally enforceable" in German

That judgment was declared provisionally enforceable in respect of the sum of USD 35 000 000.

Both judgments of the Regional Court were declared provisionally enforceable upon provision of securities by Nippon Carbide.

The EESC welcomes the fact that the court of origin could declare a decision provisionally enforceable even if this possibility does not exist in its national law.

Most Member States that apply a two-step procedure (Finland, Germany, Luxembourg, Sweden) have in common that the first decision of the court (“payment order”) is not enforceable at all whereas the second decision that is taken after the expiration of the time limit for objections (“enforcement order”) is “only” provisionally enforceable until the appeal against this ruling has passed.

The preferred option would explicitly invite the judge to consider whether the decision should be provisionally enforceable.

The proposal limits the number of possibilities to appeal a decision on return to one and explicitly invites a judge to consider whether a decision ordering return should be provisionally enforceable.

The provision of security may, for instance, be appropriate, except in the abovementioned exceptional circumstances, where the judgment the enforcement of which the Preservation Order intends to secure is not yet enforceable or only provisionally enforceable due to a pending appeal.

The court may declare the decision ordering the return of the child provisionally enforceable notwithstanding any appeal, even if national law does not provide for such provisional enforceability.

In order to ensure swift and efficient recovery of a maintenance obligation and to prevent delaying actions, decisions in matters relating to maintenance obligations given in a Member State should in principle be provisionally enforceable.

This Regulation should therefore provide that the court of origin should be able to declare the decision provisionally enforceable even if the national law does not provide for enforceability by operation of law and even if an appeal has been or could still be lodged against the decision under national law.

The court of origin may declare the decision provisionally enforceable, notwithstanding any appeal, even if national law does not provide for enforceability by operation of law.

Moreover, in the case of a judgement that is provisionally enforceable but not yet final within the meaning of Article 5(a), the creditor can obtain a European Enforcement Order for protective measures under Article 9.

As a result, a parent would be able to have access to the child based on a decision provisionally declared enforceable while the appeal proceedings concerning that decision will be carried out on request of the other parent.

The order is provisionally enforceable, automatically and without the lodging of security, unless the judge decides that security is required (Article 1039 §2 ofthe Code).

Both the properly introduced objection against an enforcement order and the objection to the order for payment had the effect of transforming the summary proceedings for obtaining that order into adversary proceedings but the enforcement order remained provisionally enforceable despite the objection and it was thus equivalent to a judgment in default.

The proposal further provides that the court of origin could declare a decision provisionally enforceable even if this possibility does not exist in its national law.

If the judgement is provisionally enforceable in the Member State of origin, however, the creditor can safeguard successful enforcement by taking protective measures based on a European Enforcement Order certificate until the judgement has become final.

The banking institution or credit insurer may only make payments to the contractor to the extent that the customer recognises the claim of the contractor to remuneration or has been ordered by a provisionally enforceable judgment to pay the remuneration and the requirements are met under which execution of judgment may be commenced.

Where the debtor is not able to do so, the judgment shall not be declared provisionally enforceable, or its enforcement is to be limited to the measures designated in section 720a subsections (1) and (2).

Where the debtor has been sentenced, in a provisionally enforceable judgment, to make a declaration of intent, based on which an entry is to be made in the land register, the register of ships, or the register of ships under construction, the entry of a priority notice or of an opposition shall be deemed approved.

The first agreement is enforced provisionally until its entry into force after its ratification.

The law of the Member State of enforcement that governs the enforcement procedure under Article 21(1) on the suspension of enforcement may not be suitable for the type of provisional enforceability as envisaged in the Member State of origin and produce the undesired result of making a judgement more easily enforceable abroad than in the Member State of origin.