# kaal:claim:617681-030

**Claim.** For cross border enforcement the critical question is not whether a judgment will be enforced in another Member State but when: eventual enforcement is insufficient if a party has time to remove assets, and delayed injunctions can be worthless.

**Type.** failure  **Support.** argued

**Holds when.**

- EU Member States that generally do enforce each other's judgments

**Source quote.**

> In many instances, the critical question is not whether a judgment will be enforced in another Member State, but when. "Eventually" is an insufficient answer if damages cannot be collected because a party has time to remove assets elsewhere.

**From.** Christian Kirchner, Richard W. Painter, Wulf A. Kaal, *Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro* (2004), D.II.3 Incomplete Information About Mutual Recognition and Enforcement of Judgments, page 33

**Cite as.** Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004). SSRN: https://ssrn.com/abstract=617681

**Verify.** sha256 of source PDF `e142130507ea2f5b025fd97b3f762d44ee3a7aaa82b155aab63434b85e8fd834` at https://raw.githubusercontent.com/wulfkaal/Academic-Papers/main/papers/pdf/Kirchner%20et%20al.%20-%202004%20-%20Regulatory%20Competition%20in%20EU%20Corporate%20Law%20after%20Inspire%20Art%20Unbundling%20Delaware%27s%20Product%20for%20Euro.pdf

**Failure mode.** delayed-enforcement  (family: enforcement-gap)

**Topics.** compliance

**Keywords.** enforcement, mutual-recognition, injunctive-relief, adjudication

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