European Business Law, the fourth volume in our series, shows how the European authorities simultaneously abolish all restrictions on access to and exercise of economic activities and support the growth of domestic markets, through the harmonization the internal legislation or the enactment of genuinely unified regulations.

European Business Law

Under Regulation No 44/2001, at the end of the recognition or enforcement procedure and, as the case may be, once the remedies were exhausted, the foreign judgment was either recognized (or not), or declared to be enforceable (or not), in the State in which enforcement was sought. If the judgment was declared enforceable, it had to be be enforced  in application of the domestic law of the court in …

Arrangements for implementation

Under Regulation No 44/2001, at the end of the recognition or enforcement procedure and, as the case may be, once the remedies were exhausted, the foreign judgment was either recognized (or not), or declared to be enforceable (or not), in the State in which enforcement was sought. If the judgment was declared enforceable, it had to be be enforced  in application of the domestic law of the court in which execution was sought, as is now laid down in Regulation No 1215/2012.

It remains for the court of the State in which enforcement is sought, in appeal proceedings brought against the enforcement judgment, to determine, in accordance with its domestic law, the legal effects on enforcement itself . Although recognition must have the effect, in principle, of conferring on judgments the authority and effectiveness accorded to them in the Member State in which they were delivered, there is, however, no reason for granting to a decision, when it is enforced, effects that a similar decision given directly in the Member State in which enforcement is sought would not have. Furthermore, the courts of that Member State are not required to apply any provisions of the national legislation of the Member State of origin which, in respect of the enforcement of decisions given by the courts of the Member State of origin, lay down time-limits which differ from those laid down by the law of the Member State in which enforcement is sought .

According to the Court it is also important for the court of the State in which enforcement is sought to see that the enforcement, in that State, of provisional or protective measures allegedly based on the jurisdiction laid down in Article [35] of the regulation, but going beyond that jurisdiction, does not imply to circumvent the rules of jurisdiction as to the substance set forth in Articles [4] and [7] to [26] of the regulation . 

Case 148/84 Deutsche Genossenschaftsbank v Brasserie du Pêcheur [1985] ECR 1981, LawLex200900001560JBJ, for an insolvency judgment having taken place afterwards in the State of origin and conferring on its beneficiary immunity from execution in that State.

Case C-267/97 Coursier [1999] ECR I-2543, LawLex200700001893JBJ.

Case C-379/17 Società Immobiliare Al Bosco Srl, Judgment of 4 October 2018, LawLex201800001465JBJ.

Case C-391/95 Van Uden Maritime v Kommanditgesellschaft in Firma Deco-Line and others [1998] ECR I-7091, LawLex200900000651JBJ. Where the court of origin exceeded its powers by granting interim measures not on the basis of the regulation but on that of its national law, the manifest desire not to circumvent the jurisdictional rules of the regulation requires the court in which enforcement is sought to conclude that the ordered measures are not subject to an exequatur procedure: Case C-267/97 Coursier [1999], cited above.

European Business Law

380. Arrangements for implementation

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

380. Arrangements for implementation

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise