- Elgar European Law series
Chapter 10: Recognition and enforcement of judgments
As between the 28 EU Member States (including Denmark), Chapter III (Articles 36–57; ex 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 27 (ex Recital 10) emphasises, Chapter III applies even if the judgment was given against a person not domiciled in a Member State. Both the original version and the revised version of the Regulation deal with the substantive requirements for, and with the procedure for obtaining, recognition and enforcement of judgments. As regards the substantive requirements, the revised version has made only minor changes; but as regards procedure, a radically different approach has now been adopted. Provision similar to Chapter III of the original version of the Brussels I Regulation is made by Title III of the Lugano Convention 2007, which now applies to recognition and enforcement of judgments between (on the one hand) the EU Member States and (on the other hand) Norway, Iceland and Switzerland, and also to recognition and enforcement between Norway, Iceland and Switzerland themselves. 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, and the court addressed is not bound by the decision of the court of origin on this point. Chapter III also gives way to specialised conventions in accordance with Article 71.
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