Bye Bye Exequatur

The Regulation No. 1215/2012 entered into force

On 10 January 2015 the Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters(recast) (the “Regulation“) entered into force, bestowing upon the European Union a regime change that is revolutionary in scope.

The enforcement within the EU of a judgment in civil and commercial cases as it was known so far is over.

From now on, the exequatur procedure under the Council Regulation (EC) No. 44/2001 (the “Brussels Regulation“) having been abolished, a judgment given in one EU Member State, whenever enforceable in the Member State of origin, is enforceable in the other EU countries without the need of any special procedure/declaration of enforceability.

The person against whom enforcement is sought is to be served, prior to the first enforcement measure, with a copy of the judgment accompanied with the certification issued by the Member State of origin (a model of which is provided in the Regulation) certifying that the judgment is enforceable. This suffices.

Enforcement measures are brought under the law of the place where enforcement is sought.

The person against whom enforcement is sought may seek refusal of the enforcement of the judgment whenever one or more of the grounds for the refusal listed in the Regulations is/are met. The enforcement might also be suspended for one of the reasons provided for under the law of the Member State addressed.

We are all now eager to see how the new Regulation will impact in Italy under a practical stand point. Despite the celebratory disposition with which the business community will no doubt receive the Regulation, one may expect that attorneys will replenish the abolition of the exequatur by appealing against recognition and enforcement whenever barely possible.

 

 

Leave a Reply