EU Trends and Developments Contributed by: Nathalie Colin, Florence Frühling and Niels Depaepe, Freshfields
The staff working document that was published along - side the report additionally highlights that the require - ment of service of the certificate mentioned in Article 53 of the Brussels I Recast Regulation does not cause any issues for the majority of the member states. Nev - ertheless, the EC remains mindful of the fact that this requirement could unnecessarily slow down enforce - ment measures and even delay it indefinitely when assets are continuously moved across jurisdictions. The document concludes that the issuance of the certificate functions well in practice, but that practi - cal issues remain, with the need for service of the certificate prior to the first act of enforcement being considered as such.
In conclusion, both the report and the staff working document highlight the effectiveness of the current system, while simultaneously being mindful of areas for potential improvement. Despite national variations in the application of the recognition- and enforcement- related provisions, the overall system is currently deemed satisfactory. To the extent that clarifications are required, the EC counts on the ECJ to shed light on them, with potential legislative interventions hav - ing to remain limited to technical aspects in order to further simplify the process.
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