The Regulation No 1215/2012 of the European Parliament and of the Council of 12th December 2012, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters will enter into force as from the next 10th of January 2015.
Brussels I Regulation (recast) replaces the former Regulation and regulates the same matters adding or eliminating provisions (a correlation table is attached to the text published in the EU website).
Among other notorious modifications, we find the elimination of the procedure of exequatur for the enforcement of judgements given in another Member State. Basically, the new Regulation does not concede to the judges of the Member States the possibility to assess ex oficio the circumstances to refuse the enforcement of the judgement. The assessment of the criteria for refuse the enforcement will be possible only on the application of any interested party. This is applicable for interim measures.
The practical consequence is that as from the enter into force of the new Regulation, the enforcements of judgements given in other Member States will be automatic, unless the other party apply for a refuse of the enforcement. In the rest of cases, the tribunals of any Member State will not be able to other thing than enforce, without assess if there is any cause for the refusal of the enforcement.
Legal operators and companies should be aware of the others minors modifications of the new Regulation Brussels I (recast).
Vilá Abogados
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9th January 2015
