EU Private International Law

EU Private International Law

Harmonization of Laws

Elgar European Law series

Peter Stone

This book focuses on harmonization of conflict laws at the European Community level, which has been driven by the introduction of a series of conventions and regulations. It offers critical assessment of these advances across four main areas of concern: civil jurisdiction and judgments; the law applicable to civil obligations; family law; and insolvency.

Chapter 10: Recognition and Enforcement of Judgements

Peter Stone

Subjects: law - academic, european law, private international law


10. Recognition and enforcement of judgments INTRODUCTION Scope As between the EC Member States other than Denmark, Chapter III (Articles 32–56) of the Brussels I Regulation regulates the recognition and enforcement in each Member State of judgments given by the courts of the other Member States. As Recital 10 emphasizes, Chapter III applies even if the judgment debtor is domiciled in an external country. By way of supplementation, Chapter IV (Articles 57–58) provides for the enforcement in a Member State of ‘authentic instruments’ drawn up or registered, and settlements approved by courts, in other Member States. As between Denmark (on the one hand) and the other pre-2004 Member States (on the other hand), the recognition and enforcement of judgments, and the enforcement of authentic instruments and court settlements, remain governed by Titles III and IV of the Brussels Convention.1 Similarly Titles III and IV of the Lugano Convention apply to recognition and enforcement between (on the one hand) the pre-2004 EC Member States and Poland and (on the other hand) Switzerland, Norway and Iceland, as well as between Switzerland, Norway and Iceland themselves.2 As regards subject-matter, Chapter III of the Brussels I Regulation is confined to judgments which are principally concerned with matters which fall within the scope of the Regulation as defined by Article 1,3 and the court addressed is not bound by the original court’s decision on this point.4 It also gives way to specialized conventions in accordance with Article 71.5 As regards time, Chapter...

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