INTRODUCTION

In this final chapter, we will first summarise the main results of the present study from a comparative point of view; in this respect, the present chapter builds on the more detailed national reports found in this book. The analysis of the national data will be structured according to the pervasive problems (section 2) that we have already identified in the introductory chapter. Based on those observations, we will then sum up and try to explain our key findings. First, we will look at divergences concerning the application of the second-generation Regulations in the various Member States (section 3.1). Then, we will try to explain the choices that creditors make between the various methods of cross-border enforcement that are available to them in the current EU legal framework (section 3.2). In light of the national experience with the second-generation Regulations, we will then identify ‘best practices’ in implementing the Regulations, i.e. steps by domestic legislatures to enhance the attractiveness of applying the Regulations and making them more efficient from the point of view of claimants (section 4.1). In particular, our focus will be on domestic legislation that guarantees a smooth interface between the EU Regulations and supplementary national civil procedural laws (implementation, section 4.2). Moreover, we will look at how Member States may design the organisation of their court system in order to facilitate the application of the Regulations by knowledgeable and experienced practitioners (specialisation, section 4.3). Then, we will discuss how modern information technology may make the cross-border enforcement of claims more effective (digitalisation, section 4.4). Of course, any measures that are designed ‘to simplify, accelerate and reduce costs in cross-border disputes’ must be balanced against an adequate protection of debtors, in particular consumers (section 2.6). Last but not least, national experiences in applying the Regulations may inform proposals for improving the coherence of the current EU framework on cross-border enforcement (section 4.5). This chapter concludes with our recommendations to the EU legislature with regard to future legislative and other steps that may be taken in order to make the second-generation Regulations more attractive (section 4).