Recognition of judgments under Brussels I
Produced in partnership with Giles Wheeler of Fountain Court Chambers
Recognition of judgments under Brussels I

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:

  • Recognition of judgments under Brussels I
  • Terminology and background
  • New EU Member States
  • General provisions in relation to recognition
  • What is a judgment?
  • What if there are conflicting judgments?
  • Is an application to recognise a judgment required?
  • Application for recognition—general
  • Application for recognition—in the courts of England and Wales
  • Application for recognition—in the courts of an EU Member State
  • more

This Practice Note considers the provisions in Articles 32–37 of Regulation (EC) 44/2001, Brussels I dealing with recognition of judgments. It sets out the general provisions and then looks at whether an application for recognition is required. Applications for recognition are addressed, both when seeking recognition in England and Wales, as well as in another EU Member State. The Practice Note also considers in some detail the grounds on which recognition might be refused, namely judgment in default of an appearance by the defendant, irreconcilable judgments/same EU Member State, irreconcilable judgments/different EU Member State or the judgment was in breach of the rules in the regulation dealing with consumer, employment or insurance matters.

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.

Since 10 January 2015 Brussels I has been repealed in its entirety and replaced by Brussels I (recast). However, transitional arrangements have been put in place. For information on those arrangements and whether Brussels I provisions still apply to the matter you are dealing with, see Practice Note: Brussels I (recast)—application and exclusions.

This Practice Note refers to provisions in CPR 74, which prior to 10 January 2015 referred to the Judgments Regulation meaning Regulation (EC) 44/2001,