EU Private International Law
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EU Private International Law

Second Edition

  • Elgar European Law series

Peter Stone

This thoroughly revised and updated second edition analyses in detail the current development of private international law at European Union level.
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Chapter 10: Recognition and enforcement of judgments

Peter Stone

Extract

10. Recognition and enforcement of judgments INTRODUCTION Scope As between the twenty-seven EU Member States (including Denmark),1 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 emphasises, Chapter III applies even if the judgment debtor is domiciled in a non-member country. By way of supplementation, Chapter IV (Articles 57–8) provides for the enforcement in a Member State of ‘authentic instruments’ drawn up or registered, and settlements approved by courts, in other Member States. Provision similar to that made by the Regulation is made by Titles III and IV of the Lugano Convention 1988, which at present apply to recognition and enforcement between (on the one hand) the pre-2004 EC Member States, Poland and Norway, and (on the other hand) Switzerland and Iceland, as well as between Switzerland and Iceland themselves; and by Titles III and IV of the Lugano Convention 2007, which at present apply to recognition and enforcement between (on the one hand) the EU Member States and (on the other hand) Norway.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 Chapter III also gives way to specialised conventions in accordance with...

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