Enforcement of judgments under Brussels I (recast)
Produced in partnership with Giles Wheeler of Fountain Court Chambers
Enforcement of judgments under Brussels I (recast)

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:

  • Enforcement of judgments under Brussels I (recast)
  • Application of Brussels I (recast)
  • What is a judgment?
  • What happens where judgments conflict?
  • Enforcement of a judgment under the regulation
  • Applying for a certified copy of the judgment in England and Wales
  • Procedure for enforcing a judgment in England and Wales
  • Exceptions to the general rules on enforcement
  • Appeals

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering enforcement of court judgments in the EU. For guidance, see Cross border considerations—checklist—Enforcement—Brexit specific.

This Practice Note considers the provisions in Regulation (EU) 1215/2012, Brussels I (recast) dealing with the enforcement of foreign judgments between EU Member States. It considers what judgments can be enforced, as well as what happens when conflicting judgments are encountered. The general rules in enforcement are set out together with the documents required including any translations. Also considered is the application process for the enforcement of a judgment of the courts of an EU Member State, any appeal as well as the grounds on which enforcement of a judgment may be refused.

For guidance on the recognition of judgments under Regulation (EU) 1215/2012, Brussels I (recast), see Practice Note: Recognition of judgments under Brussels I (recast) which sets out general provisions and then looks in some detail at the grounds on which recognition might be refused followed by how to make an application requesting that the court refuses to recognise the judgment.

For guidance on enforcement under Regulation (EC) 44/2001, Brussels I, see Practice Note: Enforcement of judgments under Brussels I.

Application of Brussels I (recast)

Date proceedings commenced

Article 66 of Regulation (EU) 1215/2012, Brussels I