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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, 17 Brussels and Lugano: Procedure

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):
Substance and procedure — Recognition and enforcement of foreign judgments – Brussels and Lugano Conventions — Substance and Procedure

This chapter, which applies only to Brussels 2012 and Lugano 2007, discusses the procedure for the recognition and enforcement of judgments. If a judgment is enforceable under Brussels or Lugano, it must be enforced under those instruments: it is not permitted to sue the defendant again on the original cause of action, even if this would be less expensive. The position under the two instruments appears rather different because, while Lugano 2007 follows Brussels 2000 in requiring the judgment-creditor to obtain a declaration of enforceability as a precondition for enforcement, this is no longer necessary under Brussels 2012. However, the difference is not very great in practice. The chapter discusses the abolition of <i>exequatur</i> and enforcement orders, enforceability, enforcement, recognition, refusal of recognition, enforcement procedure: general principles, and special issues that arise in the enforcement of judgments.

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