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:
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering recognition and enforcement of UK 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 recognition of judgments. It sets out the 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 of judgments, see Practice Note: Enforcement of judgments under Brussels I (recast).
For the definition of what constitutes a ‘judgment’ of an EU Member State for the purposes of recognition under Regulation (EU) 1215/2012, Brussels I (recast), see Practice Note: Enforcement of judgments under Brussels I (recast).
The usual position, set out in Article 36(1) of Regulation (EU) 1215/2012, Brussels I (recast), is that a judgment given in one EU Member State is recognised in other EU Member States without any special procedure being required.
There is no need to bring an application for recognition of a judgment given in another EU Member State.
Where a party is interested in obtaining recognition, an application can be
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