Private International Law Academic Year 2018/2019 Pietro Franzina – pietro.franzina@unife.it

Recognition and enforcement of judgments Recognition and enforcement (enforceability) defined The point of view of the State of destination (or State addressed) matters The rules on R&E domestic rules rules in international conventions EU measures R&E according to the Brussels I bis Regulation material scope: (a) ‘civil and commercial’; (b) ‘judgment’; (c) from a MS R&E rules apply regardless of the applicability of the rules on jurisdiction extension of effects vs assimilation ’automatic’ recognition enforcement no longer contingent on a declaration of enforceability (exequatur)

Recognition and enforcement of judgments ‘Automatic’ does not mean unconditionally: recognition refused if recognition is manifestly contrary to public policy in the MS addressed judgment given in default of appearance and the defendant was not served with the document which instituted the proceedings in sufficient time and in such a way as to enable him to arrange for his defence (unless the defendant failed to challenge the judgment when it was possible for him to do so) judgment irreconcilable with a judgment between the parties in the MS addressed irreconcilable with an earlier judgment given in another MS or in a third State involving the same cause of action and between the same parties, provided that the earlier judgment qualifies for recognition in the MS addressed jurisdiction of the court that gave the judgment: immaterial, with exceptions Scenarios in which the issue of recognition may be raised as a self-standing issue as an incident in proceedings with a different object where enforcement is sought