Harmonization of Laws
- Elgar European Law series
Chapter 11: Enforcement Procedure
THE NORMAL PROCEDURE Introduction The procedure for obtaining in a Member State, under Chapter III of the Brussels I Regulation, a declaration of enforceability in respect of a judgment given in another Member State is defined by Articles 38–56. The European Court has ruled that this procedure (‘the Chapter III procedure’) is exclusive.1 But its exclusivity has been relaxed by Article 47(1) of the Regulation, which permits the grant of provisional, including protective, measures in accordance with the law of the State addressed in support of a judgment which is recognizable but in respect of which a declaration of enforceability has not been made. In the United Kingdom, the procedure leads to an order that the judgment be registered for enforcement, and a separate application is necessary in each part of the United Kingdom (England and Wales; Scotland; Northern Ireland; and Gibraltar).2 A decision given in one part of the United Kingdom authorising or refusing registration has no binding effect in the other parts of the United Kingdom.3 Once the declaration of enforceability (or registration for enforcement) has been obtained, the actual measures of execution (such as seizure and sale of the judgment debtor’s chattels, or garnishment of his bank account) are governed by the law of the State addressed.4 Partial enforceability may be ordered; for example where the judgment deals with several claims, one of which is outside the scope of the Regulation as defined by Article 1.5 See Case 42/76: De Wolf v Cox [1976...
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