Dr Marek Porzycki

Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (1968) – Member States of the EEC/EC

Lugano Convention (1988) – a parallel convention applicable between EEC/EC Member States and certain EFTA states and subsequently also Poland (from 2000)

Regulation (EC) No 44/2001 (Brussels I) replaced the Brussels Convention between EU Members States (except Denmark)

2007 – a revised Lugano Convention between the EU, Denmark, Iceland, Norway and Switzerland

currently in force: Regulation (EU) No 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) („Brussels Ia”)

background in primary EU law: judicial cooperation in civil matters within the meaning of Art. 81 TFEU

judgments from EU Member States except Denmark: Regulation „Brussels Ia”

- additional detailed provisions in Art. 115313 – Art. 115325 of the Polish Code of Civil Procedure

judgments from Denmark, Iceland, Norway and Switzerland – Lugano Convention 2007

judgments from other countries – Art. 1145-1152 of the Code of Civil Procedure of 17 November 1964

„civil and commercial matters whatever the nature of the court or tribunal” (Art. 1(1))

revenue, customs or administrative matters liability of the State for acts and omissions

in the exercise of State authority family law, including maintenance (

Regulation (EC) No 4/2009) insolvency proceedings ( Regulation (EC)

No 1346/2000) arbitration ( 1958 New York Convention) social security succesion law

free circulation of judgments direct enforcement of judgments issued in

other Member States without a declaration of enforceability abolition of exequatur (by „Brussels Ia” in 2012)

rights of the defence – possibility to apply for a refusal of recognition or enforcement on certain grounds

rule: courts of the Member State where the defendant is domiciled (Art. 4)

exceptions – Art. 7 – 26, e.g.:- place of performance of an obligation- specific rules for consumer contracts also

the consumer’s domicile- employment contracts also the

employee’s habitual place of work- immovable property or tenancies – place

where the real estate is located

principle: recognition without any special procedure being required (Art. 36(1))

an interested party may apply for a decision conforming that there are no grounds to refuse recognition

refusal of recognition (Art. 45):- public policy clause- judgment given in default of appearence with no

possibility given to the defendant to defend himself

- the judgment is irreconcilable with another judgment between the same parties

enforcement in other Member States without any declaration of enforceability (Art. 39) no exequatur needed

major change introduced by „Brussels Ia”, as Regulation No 44/2001 („Brussels I”) required exequatur

enforcement under the same conditions as a local judgment

no postal address or authorised representative needed in the Member State where enforcement is sought

Example in Polish law: notarized act by which the debtor has made himself subject to enforcement

Art. 58 of „Brussels Ia” – such instrument is enforceable in other Member States with no further formalities (no exequatur) if it is enforceable in the state of origin

refusal possible on grounds of public policy only

on the same grounds as refusal of recognition (Art. 46)

on application of the person against whom the enforcement is sought

issued by the court issuing a judgment on a form specified in an annex to the Brussels Ia Regulation

needed to invoke the judgment in other Member States (Art. 37(1)(b)) or enforce it there (Art. 42(1)(b))