Q&As

Is a power of attorney or notarial deed required when enforcing a judgment within the EU, if the judgment was made in one EU country and enforced in another (the UK), being the location of the registered office of the debtor?

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Published on LexisPSL on 02/10/2019

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Is a power of attorney or notarial deed required when enforcing a judgment within the EU, if the judgment was made in one EU country and enforced in another (the UK), being the location of the registered office of the debtor?
  • Which regime applies?
  • Brussels I or Brussels I (recast)?
  • Recognition and enforcement of judgments under Brussels I
  • Recognition and enforcement of a judgment under Brussels I (recast)

We have assumed that this Q&A is directed at what steps are required to enforce a civil judgment of a court of an EU Member State in England and Wales.

Which regime applies?

When seeking to enforce a foreign judgment in England and Wales, it is important to know which enforcement regime applies. Where a judgment is given by the courts of an EU Member State and enforcement is sought in another EU Member State (eg the UK), consideration needs to be given to whether the provisions in Regulation (EC) 44/2001, Brussels I apply or Regulation (EU) 1215/2012, Brussels (recast) apply.

For guidance on the other enforcement regimes that apply in relation to judgments of the courts of other jurisdictions, see: Which regime applies to enforce a foreign judgment?—checklist.

Brussels I or Brussels I (recast)?

Article 66 of Regulation (EU) 1215/2012, Brussels I (recast) provides that the regulation applies only to legal proceedings instituted on or after 10 January 2015. When enforcing a judgment, the date on which the proceedings were commenced will be key. If proceedings were commenced:

  1. on or after 10 January 2015—the rules in Regulation (EU) 1215/2012, Brussels I (recast) will apply

  2. before 10 January 2015—the rules in Regulation (EC) 44/2001, Brussels I will apply

Recognition and enforcement of judgments under Brussels I

The usual position under Regulation (EC) 44/2001

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