Abstract
I.C.C.L.R. 145 On January 10, 2015 the 2001 Brussels I Regulation, the foundation stone of the cross-border circulation of civil and commercial judgments in the EU, was succeeded by a "recast" Brussels Ia Regulation.1 The new Regulation includes new provisions and procedures concerning the cross-border recognition and enforcement of "civil and commercial" judgments, authentic instruments and court settlements.2 Anyone in receipt of a Brussels Ia judgment from a court in one EU Member State may then "enforce" that judgment in another EU Member State via reformed procedures that abolish the need for a judgment holder to first apply for exequatur —the permission of a foreign enforcement court to allow the enforcement of this judgment within its legal system. This abolition continues a general policy of reform that attempts to improve the free movement of judgments within the EU by simplifying procedures and lowering costs for the holder (or creditor) of such a judgment. This article sets out the new reformed procedures and options available to judgment creditor and judgment debtor when the enforcement of a Brussels Ia judgment is at issue.
Original language | English |
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Article number | 6 |
Pages (from-to) | 145-152 |
Number of pages | 8 |
Journal | International Company and Commercial Law Review |
Volume | 26 |
Issue number | 4 |
Publication status | Published - 1 Apr 2015 |
Keywords
- Allocation of jurisdiction
- Commercial contracts
- Enforcement
- EU law
- Recognition of judgements
- Translations