Q&As

Which annex in Brussels I is required when making an application for an enforcement certificate?

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Published by a LexisNexis Dispute Resolution expert

Published on: 19 August 2015

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This Q&A looks at which annex in Regulation (EC) 44/2001, Brussels I needs to be annexed to an application to the court made under CPR 74.12–13 to obtain a certificate to attach to an English judgment for enforcement in Spain.

The provisions in Article 66 of Regulation (EU) 1215/2012, Brussels I (recast) make it clear that the regulation does not apply to cases where the proceedings were commenced prior to 10 January 2015. As set out in Article 66(2) of Regulation (EU) 1215/2012, Brussels I (recast), the precursor regulation ie Regulation (EC) 44/2001, Brussels I continues to apply to judgments handed down in proceedings which pre-date 10 January 2015:

'1. This Regulation shall apply only to legal proceedings instituted, to authentic instruments formally drawn up or registered and to court settlements approved or concluded on or after 10 January 2015.
2. Notwithstanding Article 80, Regulation

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Jurisdiction(s):

United Kingdom

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