If you have obtained a judgment or court order, you will want to enforce it in a jurisdiction where the judgment debtor has assets or is located in order to receive whatever the court has granted.
EC Regulation 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (known as the “Brussels Regulation”) lays down rules governing the jurisdiction of courts in civil and commercial matters.
The regulation provides that any judgment given in an European Union (EU) country is to be recognised without special proceedings (Article 33(1)), unless the recognition is contested.
Judgment
A “judgment” means any judgment given by a court or tribunal of an EU country, whatever the judgment may be called, including a decree, order, decision or writ of execution. Under no circumstances may a foreign judgment be reviewed as to its substance.
The regulation applies exclusively to civil and commercial matters. In particular, it does not apply to:
- the status or legal capacity of natural persons, matrimonial matters, wills and succession;
- bankruptcy;
- social security;
- arbitration.
Recognition
A judgment must be first “recognised” before it can be enforced in another Member State. A judgment will not be recognised if one of the grounds specified in the Brussels Regulation (Articles 34 and 35) apply:
- recognition is manifestly contrary to public policy in the Member State in which recognition is sought (Article 34(1));
- it was given in default of appearance and the defendant was not served with the document that instituted the proceedings in sufficient time and in such a way as to enable the
defendant to arrange for his/her defence (Article 34(2)); - it is irreconcilable with a judgment given in a dispute between the same parties in the Member State in which recognition is sought (Article 34(3));
- it is irreconcilable with an earlier judgment given in another Member State or non-EU country involving the same cause of action and between the same parties (Article 34(4)).
A court of a Member State in which recognition is sought of a judgment given in another Member State may stay the proceedings if an ordinary appeal against the judgment has been
filed.
The enforcement procedure itself is governed by the national law of the Member State in which enforcement is sought.
We are able to assist in the registration and execution of foreign judgments in Cyprus. If you require further information or advice regarding the registration and enforcement of foreign judgments in Cyprus contact us using [email protected]
The above should be used as a source of general information only. It is not intended to give a definitive statement of the law.
