Enforcement of civil and commercial judgments under the new Brussels Ia Regulation (Regulation 1215/2012)

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Abstract

I.C.C.L.R. 145 On January 10, 2015 the 2001 Brussels I Regulation, the foundation stone of the cross-border circulation of civil and commercial judgments in the EU, was succeeded by a "recast" Brussels Ia Regulation.1 The new Regulation includes new provisions and procedures concerning the cross-border recognition and enforcement of "civil and commercial" judgments, authentic instruments and court settlements.2 Anyone in receipt of a Brussels Ia judgment from a court in one EU Member State may then "enforce" that judgment in another EU Member State via reformed procedures that abolish the need for a judgment holder to first apply for exequatur —the permission of a foreign enforcement court to allow the enforcement of this judgment within its legal system. This abolition continues a general policy of reform that attempts to improve the free movement of judgments within the EU by simplifying procedures and lowering costs for the holder (or creditor) of such a judgment. This article sets out the new reformed procedures and options available to judgment creditor and judgment debtor when the enforcement of a Brussels Ia judgment is at issue.
Original languageEnglish
Article number6
Pages (from-to)145-152
Number of pages8
JournalInternational Company and Commercial Law Review
Volume26
Issue number4
Publication statusPublished - 1 Apr 2015

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Keywords

  • Allocation of jurisdiction
  • Commercial contracts
  • Enforcement
  • EU law
  • Recognition of judgements
  • Translations

Cite this

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title = "Enforcement of civil and commercial judgments under the new Brussels Ia Regulation (Regulation 1215/2012)",
abstract = "I.C.C.L.R. 145 On January 10, 2015 the 2001 Brussels I Regulation, the foundation stone of the cross-border circulation of civil and commercial judgments in the EU, was succeeded by a {"}recast{"} Brussels Ia Regulation.1 The new Regulation includes new provisions and procedures concerning the cross-border recognition and enforcement of {"}civil and commercial{"} judgments, authentic instruments and court settlements.2 Anyone in receipt of a Brussels Ia judgment from a court in one EU Member State may then {"}enforce{"} that judgment in another EU Member State via reformed procedures that abolish the need for a judgment holder to first apply for exequatur —the permission of a foreign enforcement court to allow the enforcement of this judgment within its legal system. This abolition continues a general policy of reform that attempts to improve the free movement of judgments within the EU by simplifying procedures and lowering costs for the holder (or creditor) of such a judgment. This article sets out the new reformed procedures and options available to judgment creditor and judgment debtor when the enforcement of a Brussels Ia judgment is at issue.",
keywords = "Allocation of jurisdiction, Commercial contracts, Enforcement, EU law, Recognition of judgements, Translations",
author = "Fitchen, {Jonathan Michael Christopher}",
year = "2015",
month = "4",
day = "1",
language = "English",
volume = "26",
pages = "145--152",
journal = "International Company and Commercial Law Review",
issn = "0958-5214",
number = "4",

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TY - JOUR

T1 - Enforcement of civil and commercial judgments under the new Brussels Ia Regulation (Regulation 1215/2012)

AU - Fitchen, Jonathan Michael Christopher

PY - 2015/4/1

Y1 - 2015/4/1

N2 - I.C.C.L.R. 145 On January 10, 2015 the 2001 Brussels I Regulation, the foundation stone of the cross-border circulation of civil and commercial judgments in the EU, was succeeded by a "recast" Brussels Ia Regulation.1 The new Regulation includes new provisions and procedures concerning the cross-border recognition and enforcement of "civil and commercial" judgments, authentic instruments and court settlements.2 Anyone in receipt of a Brussels Ia judgment from a court in one EU Member State may then "enforce" that judgment in another EU Member State via reformed procedures that abolish the need for a judgment holder to first apply for exequatur —the permission of a foreign enforcement court to allow the enforcement of this judgment within its legal system. This abolition continues a general policy of reform that attempts to improve the free movement of judgments within the EU by simplifying procedures and lowering costs for the holder (or creditor) of such a judgment. This article sets out the new reformed procedures and options available to judgment creditor and judgment debtor when the enforcement of a Brussels Ia judgment is at issue.

AB - I.C.C.L.R. 145 On January 10, 2015 the 2001 Brussels I Regulation, the foundation stone of the cross-border circulation of civil and commercial judgments in the EU, was succeeded by a "recast" Brussels Ia Regulation.1 The new Regulation includes new provisions and procedures concerning the cross-border recognition and enforcement of "civil and commercial" judgments, authentic instruments and court settlements.2 Anyone in receipt of a Brussels Ia judgment from a court in one EU Member State may then "enforce" that judgment in another EU Member State via reformed procedures that abolish the need for a judgment holder to first apply for exequatur —the permission of a foreign enforcement court to allow the enforcement of this judgment within its legal system. This abolition continues a general policy of reform that attempts to improve the free movement of judgments within the EU by simplifying procedures and lowering costs for the holder (or creditor) of such a judgment. This article sets out the new reformed procedures and options available to judgment creditor and judgment debtor when the enforcement of a Brussels Ia judgment is at issue.

KW - Allocation of jurisdiction

KW - Commercial contracts

KW - Enforcement

KW - EU law

KW - Recognition of judgements

KW - Translations

M3 - Article

VL - 26

SP - 145

EP - 152

JO - International Company and Commercial Law Review

JF - International Company and Commercial Law Review

SN - 0958-5214

IS - 4

M1 - 6

ER -