15

Dec

2015

Update : regulation 1215/2012 of the European Parliament and of the Council of 12 December 2012 on the jurisdiction, the recognition and enforcement of judgments in civil and commercial matters

News04
What you have to know first :

The Regulation updates a previous EU law (Regulation (EC) 44/2001 of 22 December 2000), on the jurisdiction the recognition and enforcement of judgments in civil and commercial matters (known as the ‘Brussels I regulation’).

You can read more about the regulation 44/2001 in other sections of the website.

What’s new in the update ?

Here’s few example.

1. Recognition and enforcement :

Under the new law, what was known as the exequatur procedure under the Brussels I regulation has been abolished.

This means that a judgment given in one EU country is recognised in the other EU countries without the need for any special procedure.

If it is enforceable in the country of origin, it is enforceable in the other EU countries without requiring any declaration of enforceability.

In certain cases, the person against whom enforcement is sought may apply for refusal of the recognition or enforcement of the judgment.

This can arise when he or she considers one of the grounds for refusal of recognition stipulated in the regulation to be present (e.g. where the recognition of a judgment is manifestly contrary to public policy).

2. Enhancing the respect of the choice of court agreements :

The law improves the effectiveness of choice of court agreements where the parties have designated a particular court or courts to resolve their dispute.

It gives priority to the chosen court to decide on its jurisdiction, regardless of whether it is first or second seised.

Any other court has to suspend proceedings until the chosen court has established or - where the agreement is invalid - declined jurisdiction.

The general purpose of the update is to make the circulation of judgments in civil and commercial cases easier and faster within the EU.

Other articles of the website will be dedicated to specific points of that regulation.
 
Nasser Merabet
Lawyer
avocat@nmerabet.fr