🇭🇷 Croatia

1. The status of digitalisation in enforcement of the judgments under the regulation in

question (a) under EOP Regulation, and (b) under EEO Regulation

Under EOP and EEO Regulation: Form A for the European Payment Order can be submitted in paper form or via any other communication medium, including electronically. In such cases, the application must be signed by the applicant or their authorized representative. Communication between the creditor and the court is facilitated through the platform e- Komunikacija when conducted via a legal representative (e.g., an attorney). Citizens can access information about the progress of their cases through the e-Citizens system (e- Gradani). Pursuant to Article 209 of the Enforcement Act (EA), creditors can request direct collection of their monetary claims through the Financial Agency (FINA) without the need for prior court proceedings. This procedure applies to both the European Payment Order and the European Enforcement Order. Digitalization (e-communication) has been implemented through the Enforcement Act and the Act on the Execution of Enforcement on Monetary Funds. The e-Enforcement (e-Ovrhe) system was established, but it is limited to procedure on enforcement based on authentic documents in which public notary as court commissionary decides on enforcement. These system does not extend to enforcement based on enforceable instruments, making it irrelevant for European Payment Orders or European Enforcement Orders. The information about e-Enforcmenet system is available on https://e-ovrhe.pravosudje.hr/#/home A request for direct collection based on enforceable instruments can be submitted to FINA either physically or via mail. The relevant form (Request for Direct Collection) is available.

Procedural aspects

2. Competent court or authority and procedure involved in the enforcement (a) under EOP

Regulation, and (b) under EEO Regulation

a) EOP Regulation The competent authority is the municipal or commercial court, depending on whether the matter falls within the subject-matter jurisdiction of the commercial courts, based on the domicile or habitual residence, or the registered seat of the defendant. In enforcement proceedings, the Financial Agency (FINA, hereinafter referred to as the Agency) also participates. The enforcement procedure is conducted in accordance with the provisions of the Enforcement Act (Official Gazette Nos. 112/2012, 25/2013, 93/2014, 55/2016, 73/2017, 131/2020, 114/2022, 6/2024, hereinafter referred to as the EA).

b) EEO Regulation Municipal courts in Croatia are responsible for enforcing judgments certified as European Enforcement Orders. Article 357 of the EA regulates the jurisdiction for certifying domestic enforcement instruments as European Enforcement Orders. According to this article, the following entities are competent in the Republic of Croatia to issue: - Certificates of a European Enforcement Order under Article 9(1) of the Regulation, - Certificates of enforceability of court settlements under Article 24(1) of the Regulation, - Certificates of enforceability of other authentic instruments enforceable in the Republic of Croatia under Article 25(1) of the Regulation, - Certificates under Articles 6(2) and 6(3) of the Regulation. These certificates can be issued by competent courts, administrative bodies, notaries public, or legal and natural persons with public authority authorized to issue an enforceable copy of a domestic European enforcement instrument concerning uncontested claims. For the enforcement procedure, Article 209 of the Enforcement Act (EA), which regulates direct collection, is significant and applies to both the European Payment Order (EOP) and the European Enforcement Order (EEO).

3. rules of service

European Order for Payment (EOP) Service of a European Payment Order in Croatia is governed by the Civil Procedure Act (CPA). If service takes place in Croatia, it is carried out ex officio under national service rules. If service is effected in another EU Member State, it follows Regulation (EC) No 1393/2007, with the appropriate application of the CPA provisions on cross-border service. For service abroad, Croatian transmitting authorities are: - the competent court for judicial documents; - the municipal court at the domicile, habitual residence, or registered seat of the requesting body or person for extrajudicial documents; - the municipal court where the notary public is established for documents issued or certified by a notary. Service is evidenced by a return receipt or an equivalent document. Applications for issuing an EOP and objections must be submitted in machine-readable format where the court considers this suitable for automated processing. Submissions may be made in writing or electronically. Since 2019, electronic delivery is the primary method of service, carried out through the judicial e-communication system. Electronic communication is regulated in detail by the Regulation on Electronic Communication (REC), in force since 1 January 2022. Access to the system requires authentication through the National Identification and Authentication System (NIAS) with a significant or high security level. Natural persons access the system using their own credentials, while legal persons must register through mandatory data submission to the system administrator. Foreign parties are subject to the same rules. EU citizens may register via the e-Citizen (e-Gradani) portal using nationally recognised digital credentials accepted under the EU cross-border identification framework. Documents submitted electronically must be signed with a qualified electronic signature, and receipt is confirmed electronically with a qualified time stamp. No additional fees apply specifically for electronic communication beyond ordinary court fees. European Enforcement Order (EEO) Under the Enforcement Act (EA), the authority or person that issued the EEO certificate must serve a copy of the certificate on the debtor ex officio. Service is otherwise governed by the general service rules laid down in the Enforcement Act.

4. Language of the certificate and documents to be appended

Under EOP and EEO Regulation

The official language of proceedings in Croatia is Croatian, as explicitly regulated by Article 6 of the Civil Procedure Act (CPA). In general, parties and other participants in civil proceedings must use the Croatian language. However, a party is permitted to use their own language if accompanied by an authorized translator, whose costs must be borne by the party (Article 102 CPA). The Enforcement Act (EA), in the section regulating the European Enforcement Order (EEO), specifically addresses the issue of translations. Article 361 of the EA provides: "When the creditor is required, under Article 20(2)(c) of the Regulation, to submit a translation of the European Enforcement Order with the enforcement proposal, such translation must be in the Croatian language and certified by a person authorized to do so in one of the Member States of the European Union." The official language is Croatian. If the documents are in another language, they must be translated into Croatian. Art. 6 of the CPA explicitly regulates that the official language of the procedure is Croatian. In general, parties and other persons who participate in civil procedure must use Croatian language. The party is allowed to use their own language along with the person authorised to translate 13 whose costs bears the party (art. 102 of the CPA).

5. enforcement fees

In Croatian law, court fees are generally regulated by the Court Fees Act (Zakon o sudskim pristojbama, Official Gazette Nos. 118/18, 51/23) and the Regulation on the Court Fees Tariff (Uredba o tarifi sudskih pristojbi, Official Gazette No. 37/2023).

a)EOP Regulation

Tar. no. 1 from the Regulation on the Court Fees Tariff regulates:

court fees for a claim, counterclaim, judgment, and objection to a payment order are calculated based on the value of the subject matter of the dispute (excluding interest and costs). The fees are as follows:

above Up to Euros Euros

0.00

398.17 13.27

398.18

796.34

26.54

796.35 1,194.51

39.82 1,194.52 1,592.67 53.09

1,592.68 1,990.84 66.36 For amounts exceeding 1,990.84 EUR, a fee of 66.36 EUR is payable, plus 1% of the amount exceeding 1,990.84 EUR, but the total fee cannot exceed 663.61 EUR.

For the application for a European Payment Order, the decision on a European Payment Order, a response to an appeal, and a review, half of the fee specified in Point I of Tariff No. 1 of the Regulation on the Court Fees Tariff is payable. For an appeal against a judgment and a revision, the fee is double the amount specified in Point I. If a court settlement is reached during the court proceedings, no court fee is payable (see Paragraph 2 of Point I, Tariff No. 1 of the Regulation on the Court Fees Tariff).

b) EEO Regulation

The previously presented Article of Tariff No. 1 of the Regulation on the Court Fees Tariff also applies to enforcement proceedings. Of particular relevance is Paragraph 2, which stipulates: "For a claim with a motion for issuance of a payment order, a motion for enforcement, counter- enforcement, and security, a decision on enforcement, counter-enforcement, and security, a motion for reinstatement to the previous state, a motion for evidence preservation, a response to a motion for reopening proceedings, a claim, an appeal, a motion for permission to file a revision, and a revision, half of the fee specified in Paragraph 1 of this Tariff No. 1 is payable."

6. Refusal, stay, or limitation of the enforcement procedure under the regulation in question in

the intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

a) Under EOP Regulation If a review of a European Payment Order issued in the Republic of Croatia is requested under Article 20 of the EOP Regulation, the court deciding on the request may stay the enforcement by appropriately applying the enforcement procedure rules on the postponement of enforcement, upon the debtor's request (Article 507.n(1) CPA). Applications to refuse enforcement under Article 22(1) of Regulation No. 1896/2006 are decided by the municipal court as the enforcement court. Territorial jurisdiction is determined according to the rules on territorial jurisdiction in enforcement proceedings (Article 507.n(2) CPA). Decisions on the suspension of enforcement and the annulment of enforcement actions already carried out in cases referred to in Paragraph 1 of this Article are made by the court, applying the relevant provisions of the enforcement procedure. Decisions on the postponement or limitation of enforcement under Article 23 of Regulation No. 1896/2006 are issued by the court referred to in Paragraph 1 of this Article. Such a decision is made by a ruling against which no special appeal is allowed. The ruling remains in effect until the conclusion of proceedings initiated by the party under the provisions of Article 23 of the Regulation, or until a different decision is made by the court in response to a motion by either party (Article 507.n(1) CPA).

b) Under EEO Regulation Article 362 of the Enforcement Act (EA) governs the implementation of Articles 21 and 23 of EEO Regulation. For deciding on a motion for enforcement based on a European Enforcement Order, on the debtor's legal remedies against the enforcement decision issued based on such an instrument under Article 21 of the Regulation, and on motions for postponement, suspension, or limitation of enforcement under Article 23 of the Regulation, the competent court is determined according to Articles 37 and 43 of the EA (Article 362(1) EA). The territorial jurisdiction of the court for decisions under Paragraph 1 is determined by the provisions of the EA concerning territorial jurisdiction in enforcement proceedings (Article 362(2) EA). The court decides on the motions and legal remedies referred to in Paragraph 1 in accordance with the rules of the EA (Article 362(3) EA). Article 363 EA further provides: Enforcement will be suspended or limited in accordance with the EA provisions on suspension (Article 72) or limitation (Article 5) of enforcement, based on a certificate of non- enforceability or limitation issued under Article 23 of the Regulation.

7. Availability of any legal aid for guidance on the enforcement procedures under the

regulation in question in the intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

Under both EOP and EEO Regulation The European e-Justice Portal provides publicly accessible forms used in the proceedings, which can be downloaded, completed on a computer, and submitted digitally. Assistance from employees of competent authorities in completing these forms is not provided. Preparing the forms and submitting them to the competent authorities could fall under secondary legal aid, as regulated by the Free Legal Aid Act (Zakon o besplatnoj pravnoj pomoci, Official Gazette Nos. 143/13, 98/19). According to Article 12, in conjunction with Article 13(2) (points (d) and (f)), such activities would be covered as secondary legal aid. However, individuals seeking such assistance must meet certain eligibility criteria, such as income thresholds and other conditions, as outlined in Article 13 of the Free Legal Aid Act.

8. Critical assessment of the enforcement procedures under the regulation in question in the

intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

Under both EOP and EEO Regulation

Electronic service e-Communication is new technically modernized system, i available for communication and monitoring of cases in court. Service e-communication enables communication with the courts in electronic form (sending and receiving electronically signed documents to the court and insight into the status of the case). The enforcement procedure of the judgments under EOP Regulation and EEO Regulation is not digitalized. At the moment, apart from the modernized e-communication system, no models of judicial decision-making based on artificial intelligence have been developed.