GREEN LIGHT TO ENFORCE AND EXECUTE IN ALL EU STATES OF DECISION RENDERED IN OTHER MEMBER STATES

On 10 January 2015 the EU Regulation no. 1215/2012, called “Brussels I bis”, replaces Regulation EC / 44/2001 on jurisdiction, recognition and enforcement of judgments, regarding civil and commercial matters, given in the Member States of the European Union (EU).

The main innovation introduced by the aforementioned regulation concerns the execution of judgments issued by the court of a Member State which will be “regarded” as if they had been pronounced in the Member State in which they are to be carried out.

This new instrument has therefore abolished the exequatur, i.e. the procedure set out in the EC Regulation no. 44/2001 to implement these decisions in all other Member States, which provided that, for enforcement purposes, the judicial authority of the Member State of destination should grant in advance the declaration of enforceability in the territory of that State (Article. 38, paragraph 1, of the aforementioned Reg. No. 44/2001 provided, in fact, that ” Decisions made in a Contracting State and enforceable therein shall be executed in another Contracting State after they have been declared enforceable therein at the request of the interested party “).

Article. 39 of the new text establishes instead that ” the judgment given in a Member State which is enforceable in that Member State shall be enforceable in the other Member States without any declaration of enforceability being required “.

 

This means that also the decisions that have been obtained by the creditor without using the “Community” credit recovery tools (i.e., “the European order for payment procedure” provided for by EC Reg. No. 1896/2006 or the “European procedure for low-level disputes “regulated by EC Reg. No. 861/2007) as well as those claims that have been “challenged” by the debtor (the “European Enforcement Order” can be applied at Community level, by EC Reg. No. 805/2004 only for uncontested claims), they will be enforceable title  immediately and automatically in all the other Member States, without obtaining the exequatur.

 

From a practical point of view, thanks to this new Community instrument, it will be possible to proceed with the execution of judgments given, for example, in Italy or in France, in all other EU Member States, simply by notifying the party against which the judicial decision is obtained.

The only condition required for enforcement is, in fact, that the applicant proves the enforceability of the decision according to the laws of his own Member State.

To this end, art. 42 of the Regulations establishes that the applicant provides the authority charged with execution in the requested State, “a copy of the decision with all conditions necessary to establish its authenticity “, as well as “the certificate (pursuant to art. 53) stating the enforceability of the decision” in the Member State of origin.

 

It is therefore an important innovation that confirms the will of the Community legislator to facilitate the circulation of judgments within the European Community in order to reduce time and costs of their execution.