Review of the enforceability of a foreign decision
The Regulation determines the jurisdiction, recognition and enforcement of judgments in civil and commercial matters within the Member States of the European Union (EU).
The Regulation determines the jurisdiction of courts in civil and commercial matters. It provides that judgments given in one European Union (EU) Member State shall be recognized in the other Member States without the need for any procedure except in cases of dispute. A declaration of enforceability of a judgment must be issued after a simple formal check of the documents provided, without the court being able to raise ex officio any of the grounds for non-enforcement provided for in the Regulation.
The Regulation does not cover fiscal, customs or administrative matters or the following matters
- status and capacity of natural persons, matrimonial regimes, wills, successions
- bankruptcies;
- social security;
- arbitration.
Summary:
I – COUNCIL REGULATION (EC) NO 44/2001 OF 22 DECEMBER 2000 ON JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS
II – THE DECISION OF APRIL 12, 2012 OF THE FIRST CIVIL CHAMBER OF THE COURT OF CASSATION
III – DIFFICULTIES IN THE ENFORCEMENT OF FOREIGN DECISIONS CONCERNING COLLECTIVE PROCEEDINGS
file to download:
120703 – Review of the enforceability of a foreign decision
