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Recognition and enforcement of judgments in civil and commercial matters in the EU

This text provides a detailed examination of the history, background, and current regulations in the EU regarding the recognition and enforcement of judgments in civil and commercial matters. It covers the Brussels Convention, Lugano Convention, Regulation (EC) No.44/2001, and the latest regulation, Regulation (EU) No.1215/2012. The scope of application, main principles, jurisdiction rules, and enforcement procedures are discussed, along with the grounds for refusal of recognition and enforcement. The text also highlights the importance of authentic instruments and the issuance of certificates for invoking and enforcing judgments in other Member States.

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Recognition and enforcement of judgments in civil and commercial matters in the EU

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  1. Recognition and enforcement of judgmentsincivil and commercial mattersinthe EU Dr Marek Porzycki

  2. History and backgroundin EU law • Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (1968) – Member States of the EEC/EC • Lugano Convention (1988) – a parallel convention applicable between EEC/EC Member States and certain EFTA states and subsequently also Poland (from 2000) • Regulation (EC) No 44/2001 (Brussels I) replaced the Brussels Convention between EU Members States (except Denmark) • 2007 – a revised Lugano Convention between the EU, Denmark, Iceland, Norway and Switzerland • currently in force: Regulation (EU) No 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) („Brussels Ia”) • background in primary EU law: judicial cooperation in civil matters within the meaning of Art. 81 TFEU

  3. Provisionsapplicablein Poland to recognition of foreign judgments • judgments from EU Member States except Denmark: Regulation „Brussels Ia” • additional detailed provisions in Art. 115313 – Art. 115325 of the Polish Code of Civil Procedure • judgments from Denmark, Iceland, Norway and Switzerland – Lugano Convention 2007 • judgments from other countries – Art. 1145-1152 of the Code of Civil Procedure of 17 November 1964

  4. Scope of application of „BrusselsIa” • „civil and commercial matters whatever the nature of the court or tribunal” (Art. 1(1))

  5. Scope of application - exclusions • revenue, customs or administrative matters • liability of the State for acts and omissions in the exercise of State authority • family law, including maintenance ( Regulation (EC) No 4/2009) • insolvency proceedings ( Regulation (EC) No 1346/2000) • arbitration ( 1958 New York Convention) • social security • succesion law

  6. Mainprinciples of „BrusselsIa” • free circulation of judgments • direct enforcement of judgments issued in other Member States without a declaration of enforceability  abolition of exequatur (by „Brussels Ia” in 2012) • rights of the defence – possibility to apply for a refusal of recognition or enforcement on certain grounds

  7. „BrusselsIa” - jurisdiction • rule: courts of the Member State where the defendant is domiciled (Art. 4) • exceptions – Art. 7 – 26, e.g.: • place of performance of an obligation • specific rules for consumer contracts  also the consumer’s domicile • employment contracts  also the employee’s habitual place of work • immovable property or tenancies – place where the real estate is located

  8. „BrusselsIa” – recognition of judgments • principle: recognition without any special procedure being required (Art. 36(1)) • an interested party may apply for a decision conforming that there are no grounds to refuse recognition • refusal of recognition (Art. 45): • public policy clause • judgment given in default of appearence with no possibility given to the defendant to defend himself • the judgment is irreconcilable with another judgment between the same parties

  9. „BrusselsIa” – enforcement of judgments • enforcement in other Member States without any declaration of enforceability (Art. 39)  no exequatur needed • major change introduced by „Brussels Ia”, as Regulation No 44/2001 („Brussels I”) required exequatur • enforcement under the same conditions as a local judgment • no postal address or authorised representative needed in the Member State where enforcement is sought

  10. Authentic instruments • Example in Polish law: notarized act by which the debtor has made himself subject to enforcement • Art. 58 of „Brussels Ia” – such instrument is enforceable in other Member States with no further formalities (no exequatur) if it is enforceable in the state of origin • refusal possible on grounds of public policy only

  11. Refusal of enforcement • on the same grounds as refusal of recognition (Art. 46) • on application of the person against whom the enforcement is sought

  12. Certificate under Art. 53 • issued by the court issuing a judgment on a form specified in an annex to the Brussels Ia Regulation • needed to invoke the judgment in other Member States (Art. 37(1)(b)) or enforce it there (Art. 42(1)(b))

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