Translation of "Créancière judiciaire " (French → English) :

judgment creditor [ judgement creditor ]

enter judgment against the plaintiff | judgment creditor

judgment creditor

privileged creditor [ preferential creditor | preferred creditor | prior party ]

alimony payee [ alimony recipient ]

assignee

crime reporter | forensic journalist | crime and defence correspondent | crime journalist

hold-out creditor | holdout | dissident creditor

The exceptions are: Germany, where only Insolvenzverfahren gives rise to a claim protected by the Directive; Greece, which excludes cases where a) the company is put into provisional administration (Creditor administration and management) and b) the company is placed into receivership so that a compromise can be reached with its creditors; Ireland, where examinership and winding up of partnerships are excluded; Hungary, where only the liquidation proceedings (‘felszámolási eljárás’) are covered by the national implementing legislation; Slovenia, where skrajšani stečajni postopek and prisilna poravnava v stečaju are excluded.

In order to enhance standardised creditor protection in all Member States, creditors should be able to resort, under certain conditions, to judicial or administrative proceedings where their claims are at stake, as a consequence of a reduction in the capital of a public limited liability company.

Furthermore, the creditor should be required in all situations, including when he has already obtained a judgment, to demonstrate to the satisfaction of the court that his claim is in urgent need of judicial protection and that, without the Order, the enforcement of the existing or a future judgment may be impeded or made substantially more difficult because there is a real risk that, by the time the creditor is able to have the existing or a future judgment enforced, the debtor may have dissipated, concealed or destroyed his assets or have disposed of them under value, to an unusual extent or through unusual action .

In cases where the creditor has not yet obtained a judgment, court settlement or authentic instrument requiring the debtor to pay the creditor's claim, the provision of security should be the rule and the court should dispense with this requirement, or require the provision of security in a lower amount, only exceptionally if it considers that such security is inappropriate, superfluous or disproportionate in the circumstances of the case.