sec_5_7__para__2

With regard to the UCTD, the Court (502) ruled that its case law on the ex officio duty for national courts does not apply to notaries when affixing the enforcement clause to an authentic document. However, assessment of the procedure in its entirety may take into account the role of notaries, under the relevant national law, when drawing up such documents (503). At the same time, guarantees in the pre-judicial phase cannot replace access to a full judicial assessment by a judge (504).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.