The following Dispute Resolution guidance note Produced in partnership with Giles Wheeler of Fountain Court Chambers provides comprehensive and up to date legal information covering:
ARCHIVED: This Practice Note has been archived and is not maintained. Regulation (EU) No 1215/2012, Brussels I (recast) introduced important changes to the procedures for enforcing judgments in England which had been obtained in other EU Member States. Those changes move the burden of having a judgment obtained in one EU Member State, the State of Origin, recognised or enforced in another, the State of Enforcement, away from the party seeking recognition or enforcement. The burden now rests with the party resisting recognition or enforcement to establish one of the limited grounds for refusal.
Central to those changes is the abolition of the requirement to obtain a declaration of enforceability. Regulation (EC) 44/2001, Brussels I, required a party seeking to enforce a judgment obtained elsewhere in the EU to obtain a declaration in the State of Enforcement that the judgment was enforceable. However, that need for a declaration that a judgment is enforceable has been removed in Regulation (EU) 1215/2012, Brussels I (recast).
This Practice Note considers the most significant changes to the provisions in Regulation (EU) 1215/2012, Brussels I (recast) relating to the recognition and enforcement of judgments obtained in other EU Member States by comparison with the equivalent provisions of Regulation (EC) 44/2001, Brussels I. For information on the procedures relating to the recognition of judgments obtained in other EU Member
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