Part III Recognition and Enforcement, 18 Brussels and Lugano: Grounds for Refusal of Recognition and Enforcement of Judgments
From: Civil Jurisdiction and Judgments in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention
Trevor C Hartley
- Substance and procedure — Recognition and enforcement of foreign judgments – Brussels and Lugano Conventions — Substance and Procedure
The general rule in Brussels 2012 and Lugano 2007 is that all judgments from other Member States or Lugano States must be recognized unless there is a reason why they should not be. This chapter discusses those reasons. The grounds for refusal set out in the instruments apply to both recognition and enforcement of a judgment. However, in the case of enforcement, the judgment-debtor may also invoke grounds that apply under national law for the non-enforcement of national judgments — for example, that the judgment has been satisfied. This is not possible with regard to recognition: recognition may be refused only on the grounds set out in the instruments. The principal grounds are set out in Brussels 2012, Article 45, and Lugano 2007, Articles 34 and 35.