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Civil Jurisdiction and Judgments in Europe - The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention by Hartley, Trevor C (20th July 2017)

Part III Recognition and Enforcement, 16 Recognition and Enforcement of Judgments: Introduction

From: Civil Jurisdiction and Judgments in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention

Trevor C Hartley

Subject(s):
Recognition and enforcement of foreign judgments – Brussels and Lugano Conventions — Recognition and enforcement of foreign judgments – traditional rules

This chapter considers the recognition and enforcement of judgments under Brussels 2012, Lugano 2007, and the Hague Convention. The relevant provisions are in Chapter III of Brussels and Lugano (and for authentic instruments and court settlements, Chapter IV); in Hague the relevant provisions are in Chapter III. These provisions apply only to judgments, authentic instruments, and court settlements from States covered by the instrument in question. Brussels applies only to Member States of the European Union; Lugano applies only to States to which Lugano applies; and Hague applies only to States that are Parties to that convention. The chapter discusses the terminology used in the three instruments, recognition and enforcement, what constitutes a judgment, jurisdiction of the court of origin, subject-matter of the judgment, and review as to substance (<i>révision au fond</i>).

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