European Enforcement of Judgments
|
|
- Augustus Richards
- 5 years ago
- Views:
Transcription
1 European Enforcement of Judgments ERA Conference 23 January 2013 Liselot Samyn 1 Topics 1. European Exequatur 2. European Enforcement Order 1
2 2 European Exequatur 1. Definition 2. Legal sources 3. Evolution 3 1. Definition The effects of foreign judgments (or acts) in your home country or vice versa Varying degrees of effect: - Foreign judgment as fact - Probative value of a foreign judgment Internal probative value External probative value 2
3 Definition (2) Varying degrees of effect (2): - Recognition of a foreign judgment A party wants to rely on the situation as determined in the foreign judgment - Ex: marriage after divorce A party wants to rely on the binding force of the foreign judgment to avoid a second trail on the same matter (exception of res judicata) 5 1. Definition (3) Varying degrees of effect (3): - Enforcement of a foreign judgment A party wants to secure compliance with the foreign judgment - Enforcement on a person - Enforcement on a good - Exequatur OR the declaration of enforceability OR the procedure to obtain the declaration of enforceability
4 Legal sources General overview: - EU-Regulations take priority over international or national rules - Exception: International Treaties in relation to particular matters take priority over EU- Regulations (principle of lex specialis) - National PIL as a last resort 7 2. Legal sources (2) Relevant European rules: - Insolvency-Regulation (n 1346/2000) - Brussels I-Regulation (n 44/2001) Predecessor: Brussels Convention 1968 Successor: Brussels Ibis-Regulation (n 1215/2012) - EEO-Regulation (n 805/2004) - Maintenance-Regulation (n 4/2009) - Succession-Regulation (n 650/2012)
5 Legal sources (3) Odd men out: - Payment Order-Regulation (n 1896/2006) - Small claims-regulation (n 861/2007) - European Account Preservation Order (COM(2011) 445 final) 3. Evolution 3 levels of exequatur procedures - 3 rd level: full exequatur procedure - 2 nd level: softened exequatur procedure - 1 st level: abolition of exequatur procedure 9
6 10 3. Evolution (2) 3 rd level: full exequatur procedure - Ancient way no longer known in EU except: non-european judgments - Marked by suspicion of the foreign judgment and a full review as to its substance 3. Evolution (3) 11 2 nd level: softened exequatur procedure Brussels I-Regulation - No legalisation or other similar formality required (Art. 56 Brussels I) - No security, bond or deposit demanded from the claimant (Art. 51 Brussels I) - De plano recognition» No procedure required»! grounds for refusal (Art Brussels I) 6
7 Evolution (4) - Enforcement procedure Only a formal check = no review as to the substance! Declaration of enforceability» Unilateral procedure» Enforceability in MS of origin (Art. 38 Brussels I)» Application of enforceability (Art and Brussels I) Appeal? (Art Brussels I) Particular rules (Art Brussels I) 3. Evolution (5) Insolvency-Regulation Between Brussels I-Regulation and Brussels Convention Brussels IIbis-Regulation A softened procedure combined with an abolition of exequatur for certain decisions Succession-Regulation Similar to the Brussels I-Regulation 13
8 14 3. Evolution (6) 1 st level: abolition of exequatur procedure Only for specific matters - EEO-Regulation - Brussels IIbis-Regulation - Payment Order-Regulation - Small Claims-Regulation 15 European Enforcement Order Regulation (EC) no 805/2004 of the European Parliament and of the Council of 21 april 2004 creating a European Enforcement Order for uncontested claims (OJ , L 143, 15) 8
9 16 European Enforcement Order 1. A European Judicial Passport 2. Scope 3. Procedure 4. Effects A European Judicial Passport Goal: - Abolishment of exequatur Art. 1 and 5 EEO No intermediate proceedings needed in the Member State of enforcement prior to recognition and enforcement True (r)evolution! - Free circulation of judgments, court settlements and authentic instruments Cross-border? Not a uniform procedure 9
10 1. A European Judicial Passport (2) 18 Implementation - Double choice Choice for the claimant Choice for the Member States Advantages - A faster, more effective and cheaper enforcement Disadvantages? 2. Scope 19 Temporal scope - Art. 26 EEO This Regulation shall apply only to judgments given, to court settlements approved or concluded and to documents formally drawn up or registered as authentic instruments after the entry into force of this Regulation. - Entry into force: Applicable: Spatial scope - All Member States Except Denmark 10
11 Scope (2) Material scope - General scope (art. 2 EEO) Civil and commercial matters Excluded matters (= Brussel I) - Particular scope Uncontested claims - Claim: art Uncontested: art Scope (3) Uncontested claims: - Active uncontested claims Court settlements (art. 3.1.a) EEO) Authentic instruments (art. 3.1.d) EEO) - Passive uncontested claims Debtor never objected to it [ ] in the course of the proceedings (Art. 3.1.b) EEO) Debtor has not appeared or been represented [ ] after having initially objected [ ] provided that such conduct amounts to a tacit admission of the claim [ ] under the law of the Member States of origin (Art. 3.1.d) EEO)
12 Procedure Claimant asks a certification as EEO - When? - Where? - How? The court of origin certifies if: - Requirements are met (art. 6 EEO) Minimum standards - Only these requirements must be met! Procedure (2) MINIMUM STANDARDS - Choice of Member State to implement - Observance of the rights of the defence in the court proceedings before certification - Only when art. 3.1.b) or c) EEO applies (art. 12) - 4 different minimum standards
13 Procedure (3) 1. Service on the debtor - Art. 13 EEO: document instituting the proceedings or equivalent document with proof of receipt - Art. 14 EEO: idem without proof of receipt - Art. 15 EEO: service on debtor s representatives - Consequences for national law? 3. Procedure (4) 2. Due information of the debtor about the claim - Art. 16 EEO: document instituting the proceedings or equivalent document specific data - Art. 17 EEO: idem procedural steps necessary to contest the claim 25 - Consequences for national law?
14 Procedure (5) 3. Cure of non-compliance (art. 18 EEO) - Focus on cure through judgment Service (art. 13 and 14 EEO) Full review and information (art. 16 and 17 EEO) Debtor failed to challenge the judgment - Focus on conduct of the debtor Service (art. 13 and 14 EEO) - Consequences for national law? Procedure (6) 4. Review in exceptional cases (art. 19 EEO) - New legal remedy? - Conditions: Service by art. 14 EEO Service was not effected in sufficient time OR Force majeure or extraordinary circumstances without any fault on debtor s part IF Debtor acts promptly - Consequences for national law?
15 28 3. Procedure (7) Certification as EEO - Standard forms (art. 9 EEO) - Partial EEO possible (art. 8 EEO) Effects No exequatur procedure; effect only within the limits of the enforceability (art. 11 EEO) Actual execution? (art. 20 EEO) BUT: - Refusal of enforcement (art. 21 EEO) - Agreements with third countries (art. 22 EEO) - Stay or limitation of enforcement (art. 23 EEO) 15
16 Effects (2) Rectification or withdrawal (art. 10 EEO) - Rectification = material error OR - Withdrawal = clearly wrongly granted - National law? 31 Any questions?
Enforcement of judgments in the EU. Ilse Couwenberg Judge of the Belgian Court of Cassation Member of the EJN
Enforcement of judgments in the EU Ilse Couwenberg Judge of the Belgian Court of Cassation Member of the EJN Introduction A Croatian creditor claims before the Croatian court payment of an invoice. The
More informationMutual Trust and Cross-Border Enforcement of Judgments in Civil Matters in the EU: Does the Step-by-Step Approach Work?
Neth Int Law Rev (2017) 64:115 139 DOI 10.1007/s40802-017-0079-0 ARTICLE Mutual Trust and Cross-Border Enforcement of Judgments in Civil Matters in the EU: Does the Step-by-Step Approach Work? Marek Zilinsky
More informationCIVIL PROCEDURE AND CIVIL LAW GLOSSARY
CIVIL PROCEDURE AND CIVIL LAW GLOSSARY Word/expression abduction access to justice acknowledgement of service acknowledgment of receipt acquiesce acta iure imperii ad litem admissibility admission of debt
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES. Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 11.6.2003 COM (2003) 341 final 2002/0090 (COD) Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL creating a European enforcement
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 15.3.2005 COM(2005) 87 final 2005/0020 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a European Small Claims
More informationThe European Small Claims procedure in Belgium
The European Small Claims procedure in Belgium Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European small claims procedure. Summary of the objectives
More informationRecognition and enforcement of foreign judgments under the Brussels Ia Regulation
Recognition and enforcement of foreign judgments under the Brussels Ia Regulation ELRA - Warsaw, 28 September 2018 Michele Cuccaro Judge - Court of Rovereto (Italy) Recognition Recognition of a judgment
More informationThe European Small Claims procedure in Luxembourg
The European Small Claims procedure in Luxembourg Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European small claims procedure. Summary of the
More informationENFORCEMENT OF FOREIGN DEEDS IN PORTUGAL
ENFORCEMENT OF FOREIGN DEEDS IN PORTUGAL EUROPEAN LAND REGISTRY ASSOCIATION CONFERENCE LISBON, 22 MAY 2013 Dário Moura Vicente Professor of Law, University of Lisbon Problem definition What are the effects
More informationThe European Small Claims procedure in the Netherlands
The European Small Claims procedure in the Netherlands Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European small claims procedure. Summary
More informationEDPS Opinion on the proposal for a recast of Brussels IIa Regulation
Opinion 01/2018 EDPS Opinion on the proposal for a recast of Brussels IIa Regulation (Council Regulation on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters
More informationRegulation 4/2009 and rules of jurisdiction
Prof. (em.) Dr. Dieter Martiny Frankfurt (Oder)/Hamburg Regulation 4/2009 and rules of jurisdiction EJTN - Seminar on Maintenance Obligations in Europe 5 th - 6 th December 2013 Sofia, Bulgaria A. Introduction
More informationEUROPEAN COMMISSION DIRECTORATE-GENERAL JUSTICE AND CONSUMERS
EUROPEAN COMMISSION DIRECTORATE-GENERAL JUSTICE AND CONSUMERS Brussels, 18 January 2019 REV1 replaces the Notice to stakeholders dated 21 November 2017 NOTICE TO STAKEHOLDERS WITHDRAWAL OF THE UNITED KINGDOM
More informationCouncil of the European Union Brussels, 10 June 2016 (OR. en) Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union
Council of the European Union Brussels, 10 June 2016 (OR. en) Interinstitutional File: 2016/0167 (NLE) 10142/16 JUSTCIV 170 PROPOSAL From: date of receipt: 7 June 2016 To: No. Cion doc.: Subject: Secretary-General
More informationPractice Guide for the application of the new Brussels II Regulation.
EN Practice Guide for the application of the new Brussels II Regulation www.europa.eu.int/civiljustice Introduc tion The European Union s area of freedom, security and justice helps people in their daily
More informationDirectorate-General Internal Policies Policy Department C Citizens Rights and Constitutional Affairs
Directorate-General Internal Policies Policy Department C Citizens Rights and Constitutional Affairs MAINTENANCE OBLIGATIONS AND WHAT TRAINING FOR JUDGES TO DEAL WITH CROSS BORDER ISSUES (ESPECIALLY FOCUSED
More information[340] COUNCIL REGULATION 44/2001/EC ( BRUSSELS II )
[340] COUNCIL REGULATION 44/2001/EC ( BRUSSELS II ) 4. Council Regulation 44/2001/EC of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
More informationThe Enforcement of Foreign Judgments in Italy and in Europe
Giacomo OBERTO JUDGE COURT OF TURIN SECRETARY-GENERAL OF THE INTERNATIONAL ASSOCIATION OF JUDGES (IAJ) The Enforcement of Foreign Judgments in Italy and in Europe SUMMARY: 1. Some General Remarks on Recognition
More informationProposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EN EN EN EUROPEAN COMMISSION Brussels, 14.12.2010 COM(2010) 748 final 2010/0383 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on jurisdiction and the recognition and enforcement
More informationRecommendation for a COUNCIL DECISION
EUROPEAN COMMISSION Brussels, 16.9.2015 COM(2015) 458 final 2015/0210 (NLE) Recommendation for a COUNCIL DECISION concerning the accession of Croatia to the Convention of 26 July 1995, drawn up on the
More informationREPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE
EUROPEAN COMMISSION Brussels, 13.10.2015 COM(2015) 495 final REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE on the application of Regulation
More informationREGULATIONS. to justice. Since a number of amendments are to be made to that Regulation it should, in the interests of clarity, be recast.
REGULATIONS REGULATION (EU) No 1215/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
More informationStudy JLS/C4/2005/04 THE USE OF PUBLIC DOCUMENTS IN THE EU
Study JLS/C4/2005/04 THE USE OF PUBLIC DOCUMENTS IN THE EU Study on the difficulties faced by citizens and economic operators because of the obligation to legalise documents within the Member States of
More informationPRACTICAL LAW DISPUTE RESOLUTION VOLUME 1 MULTI-JURISDICTIONAL GUIDE 2012/13. The law and leading lawyers worldwide
PRACTICAL LAW MULTI-JURISDICTIONAL GUIDE 2012/13 VOLUME 1 The law and leading lawyers worldwide Essential legal questions answered in 32 key jurisdictions Rankings and recommended lawyers in 90 jurisdictions
More informationEuropEan union Civil JustiCE and EuropEan union Criminal JustiCE
European Union Civil Justice and European Union Criminal Justice By Maria Marcos* I. Introduction One of the key objectives of the European Union is to offer its citizens an area of freedom, security and
More informationProposal for a COUNCIL REGULATION
EUROPEAN COMMISSION Brussels, 2.3.2016 COM(2016) 107 final 2016/0060 (CNS) Proposal for a COUNCIL REGULATION on jurisdiction, applicable law and the recognition and enforcement of decisions in matters
More informationCross Border Contracts and Dispute Settlement
Cross Border Contracts and Dispute Settlement Professor Dr. Dr. h.c. mult. Helmut Rüßmann Former Judge at the Saarland Court of Appeals Cross Border Contract of Sale Buyer France Claim for Payment Germany
More informationEUROPEAN UNION. Brussels, 30 November 2012 (OR. en) 2010/0383 (COD) PE-CONS 56/12 JUSTCIV 294 CODEC 2277 OC 536
EUROPEAN UNION THE EUROPEAN PARLIAMT THE COUNCIL Brussels, 30 November 2012 (OR. en) 2010/0383 (COD) PE-CONS 56/12 JUSTCIV 294 CODEC 2277 OC 536 LEGISLATIVE ACTS AND OTHER INSTRUMTS Subject: REGULATION
More informationSUMMARY OF THE IMPACT ASSESSMENT
EUROPEAN COMMISSION Brussels, 14.12.2010 SEC(2010) 1548 final COMMISSION STAFF WORKING PAPER SUMMARY OF THE IMPACT ASSESSMT Accompanying document to the Proposal for a REGULATION OF THE EUROPEAN PARLIAMT
More informationAnnex to the : establishing a European Small Claims Procedure
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 15.3.2005 SEC(2005) 352 COMMISSION STAFF WORKING DOCUMENT Annex to the : Regulation of the European Parliament and of the Council establishing a European
More informationCouncil Regulation (EC) 4/2009 of 18 December 2008
THEMIS Council Regulation (EC) 4/2009 of 18 December 2008 Another Qualified Achievement for European Family Law Centro de Estudos Judiciários PORTUGAL TEAM MEMBERS: Carla Machado Cristina Sousa Irene Rebelo
More informationto improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes
Council Directive 2003/8/EC of 27 January 2003 to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes THE COUNCIL OF THE EUROPEAN
More information32000R1346 OJ L 160, , p (ES, DA, DE, EL, EN, FR, 1. Council regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings
32000R1346 OJ L 160, 30.6.2000, p. 1-18 (ES, DA, DE, EL, EN, FR, 1 Council regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings THE COUNCIL OF THE EUROPEAN UNION, Council regulation (EC)
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL DECISION
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 22.12.2000 COM(2000) 883 final Proposal for a COUNCIL DECISION concerning the signing of the Agreement between the European Community and the Republic of
More informationRecommendation for a COUNCIL DECISION
EUROPEAN COMMISSION Brussels, 9.11.2015 COM(2015) 556 final Recommendation for a COUNCIL DECISION concerning the accession of the Republic of Croatia to the Convention of 18 December 1997, drawn up on
More informationNATIONAL REPORT - CZECH REPUBLIC - JUDr. Petr Lavický, Ph.D, Masaryk University
NATIONAL REPORT - CZECH REPUBLIC - JUDr. Petr Lavický, Ph.D, Masaryk University GENERAL OVERVIEW Court jurisdiction and different types of litigation for debt collection National summary procedures for
More informationProviding a crossborder. cooperation framework A FUTURE PARTNERSHIP PAPER
Providing a crossborder civil judicial cooperation framework A FUTURE PARTNERSHIP PAPER The United Kingdom wants to build a new, deep and special partnership with the European Union. This paper is part
More information(Non-legislative acts) REGULATIONS
EN 27.8.2011 Official Journal of the European Union L 222/1 II (Non-legislative acts) REGULATIONS COMMISSION IMPLEMENTING REGULATION (EU) No 842/2011 of 19 August 2011 establishing standard forms for the
More informationProposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. amending Regulation (EU) 2016/399 as regards the use of the Entry/Exit System
EUROPEAN COMMISSION Brussels, 6.4.2016 COM(2016) 196 final 2016/0105 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2016/399 as regards the use of
More informationProposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EUROPEAN COMMISSION Brussels, 30.1.2019 COM(2019) 53 final 2019/0019 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on establishing contingency measures in the field of social
More informationAlegría Borrás Professor of Private International Law University of Barcelona (Spain)
EJTN - Seminar on Maintenance Obligations in Europe Sofia (Bulgaria) 5 December 2013 Council Regulation 4/2009, of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions
More informationThe Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law
The Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law www.mpi.lu Revised Brussels I Regulation: Scope of Application Overview Introductory Remarks Material Scope
More informationThis document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
2001R0044 EN 09.07.2013 010.001 1 This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents B COUNCIL REGULATION (EC) No 44/2001 of 22 December
More information39. PROTOCOL ON THE LAW APPLICABLE TO MAINTENANCE OBLIGATIONS 1. (Concluded 23 November 2007)
39. PROTOCOL ON THE LAW APPLICABLE TO MAINTENANCE OBLIGATIONS 1 (Concluded 23 November 2007) The States signatory to this Protocol, Desiring to establish common provisions concerning the law applicable
More informationRules of Procedure ( Rules ) of the Unified Patent Court
18 th draft of 19 October 2015 Rules of Procedure ( Rules ) of the Unified Patent Court Preliminary set of provisions for the Status 1. First draft dated 29 May 2009 Discussed in expert meetings on 5 June
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL REGULATION
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 8.5.2008 COM(2008) 246 final Proposal for a COUNCIL REGULATION amending Annexes A and B to Regulation (EC) No 1346/2000 on insolvency proceedings (presented
More informationProposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EUROPEAN COMMISSION Brussels, 19.11.2013 COM(2013) 794 final 2013/0403 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 861/2007 of the European
More informationProposal for a COUNCIL DECISION
EUROPEAN COMMISSION Brussels, 30.3.2012 COM(2012) 152 final 2012/0076 (NLE) Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union within the Association Council set
More informationEUROPEAN UNION. Brussels, 22 May 2007 (OR. en) 2005/0020 (COD) PE-CONS 3604/07 JUSTCIV 32 CODEC 124
EUROPEAN UNION THE EUROPEAN PARLIAMT THE COUNCIL Brussels, 22 May 2007 (OR. en) 2005/0020 (COD) PE-CONS 3604/07 JUSTCIV 32 CODEC 124 LEGISLATIVE ACTS AND OTHER INSTRUMTS Subject: REGULATION OF THE EUROPEAN
More informationProposal for a COUNCIL DECISION
EUROPEAN COMMISSION Brussels, 14.2.2018 COM(2018) 71 final 2018/0032 (NLE) Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union, of an Agreement between the European Union
More informationThe enforcement of jurisdiction after Brexit
The enforcement of jurisdiction after Brexit Christopher Riehn Annett Schubert Lennart Mewes EJTN Themis competition 2017 Semi-Final C: International Judicial Cooperation in Civil Matters European Civil
More informationEN Official Journal of the European Union. (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION. of 26 November 2003
L 312/1 II (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 26 November 2003 establishing a model passport for the intra-community movements of dogs, cats and ferrets (notified
More informationE(european) I(nsolvency) R(egulation) 1346/2000. Morituri te salutant
E(european) I(nsolvency) R(egulation) 1346/2000 Morituri te salutant Overview 1. Historical background 2. Legal background 3. Scope and features of Regulation 1346/2000 4. Implementation of controlled
More informationEU Instruments for Cross-border Tort Disputes. Prof. Dr. Gerald Mäsch
EU Instruments for Cross-border Tort Disputes Prof. Dr. Gerald Mäsch 2 Overview I. Jurisdiction in Cross-Border Tort Law Disputes 1. Applicability of the Brussels Ibis Regulation 2. Jurisdiction under
More informationCommittee on Legal Affairs
EUROPEAN PARLIAMT 2009-2014 Committee on Legal Affairs 27.2.2012 2009/0157(COD) AMDMT 246 Draft report Kurt Lechner (PE441.200v02-00) on the proposal for a Regulation of the European Parliament and of
More informationDelegations will find attached Commission document C(2008) 2976 final.
COUNCIL OF THE EUROPEAN UNION Brussels, 30 June 2008 (02.07) (OR. fr) 11253/08 FRONT 62 COMIX 533 COVER NOTE from: Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARNAU, Director
More information14652/15 AVI/abs 1 DG D 2A
Council of the European Union Brussels, 26 November 2015 (OR. en) Interinstitutional File: 2011/0060 (CNS) 14652/15 JUSTCIV 277 NOTE From: To: Presidency Council No. prev. doc.: 14125/15 No. Cion doc.:
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES GREEN PAPER. Succession and wills {SEC(2005) 270} (presented by the Commission)
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 01.03.2005 COM(2005) 65 final GREEN PAPER Succession and wills {SEC(2005) 270} (presented by the Commission) EN EN 1. INTRODUCTION This Green Paper opens
More informationBANKRUPTCY AFTER BREXIT RECOGNITION OF INSOLVENCY PROCEEDINGS INVOLVING THE UK INSOL EUROPE'S VIEW
1 BANKRUPTCY AFTER BREXIT RECOGNITION OF INSOLVENCY PROCEEDINGS INVOLVING THE UK INSOL EUROPE'S VIEW Until the arrival of the European Insolvency Regulation in 2002 1 there were no rules of European law
More informationBULGARIA COMPARATIVE STUDY OF RESIDUAL JURISDICTION PREPARED BY: SVELTIN PENKOV, MARKOV & PARTNERS
COMPARATIVE STUDY OF RESIDUAL JURISDICTION IN CIVIL AND COMMERCIAL DISPUTES IN THE EU NATIONAL REPORT FOR: BULGARIA PREPARED BY: SVELTIN PENKOV, MARKOV & PARTNERS 1 (A) General Structure of National Jurisdictional
More informationThe Status Of Recognition And Enforcement Of Judgments In The European Union
Sacred Heart University DigitalCommons@SHU WCOB Working Papers Jack Welch College of Business 2011 The Status Of Recognition And Enforcement Of Judgments In The European Union Michael D. Larobina J.D.,
More informationEuropean Small Claims Procedure A short introduction to the main practical aspects of the use of the procedure based on the Regulation
Justice A Guide for Users to the European Small Claims Procedure A short introduction to the main practical aspects of the use of the procedure based on the Regulation A Guide for Users to the European
More informationProposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EUROPEAN COMMISSION Strasbourg, 12.2.2019 COM(2019) 88 final 2019/0040 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on certain aspects of railway safety and connectivity
More informationLitigation and Arbitration
Litigation and Arbitration 5-2015 August 1985 Law 29/2015, of July 30, 2015 on international legal cooperation in civil matters The Law 29/2015, of July 30, 2015, on international cooperation in civil
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL DECISION
EN EN EN COMMISSION OF THE EUROPEAN COMMUNITIES Proposal for a COUNCIL DECISION Brussels, 30.10.2009 COM(2009)605 final 2009/0168 (CNS) on the conclusion of the Arrangement between the European Community
More informationTHEMIS 2011 JUDICIAL COOPERATION IN CIVIL MATTERS PRACTICAL CASE
THEMIS 2011 (AMSTERDAM 3 RD 7 TH OCTOBER 2011) JUDICIAL COOPERATION IN CIVIL MATTERS PRACTICAL CASE Italian Team: Luigi D Alessandro Matteo Marini Roberta Mariscotti Accompanying teacher: Carlo Renoldi
More informationProposal for a COUNCIL DECISION
EUROPEAN COMMISSION Brussels, 5.6.2018 COM(2018) 451 final 2018/0238 (NLE) Proposal for a COUNCIL DECISION authorising Member States to ratify, in the interest of the European Union, the Protocol amending
More informationProposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EUROPEAN COMMISSION Brussels, 28.2.2013 COM(2013) 96 final 2013/0060 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 562/2006 as regards the use
More informationRules of procedure for the expert group on health systems performance assessment. Amended, February 2017
Rules of procedure for the expert group on health systems performance assessment Amended, February 2017 1 RULES OF PROCEDURE FOR THE EXPERT GROUP ON HEALTH SYSTEMS PERFORMANCE ASSESSMENT The Expert Group
More informationTREE.2 EUROPEAN UNION. Brussels, 14 March 2019 (OR. en) 2018/0298 (COD) PE-CONS 13/19 MAR 13 PREP-BXT 19 CODEC 172
EUROPEAN UNION THE EUROPEAN PARLIAMT THE COUNCIL Brussels, 14 March 2019 (OR. en) 2018/0298 (COD) PE-CONS 13/19 MAR 13 PREP-BXT 19 CODEC 172 LEGISLATIVE ACTS AND OTHER INSTRUMTS Subject: REGULATION OF
More informationMaking a cross border claim in the EU
EX725 Making a cross border claim in the EU Using the European Order for Payment Procedure or European Small Claims Procedure Where should I issue my claim? Before considering suing another person or body
More informationProposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EUROPEAN COMMISSION Brussels, 30.6.2016 COM(2016) 434 final 2016/0198 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 1030/2002 laying
More informationJ U R I S D I C T I O N : I T A L Y
J U R I S D I C T I O N : I T A L Y Contributor: Vincenzo Sinisi and Annamaria Sculli - SCM Lawyers, www. scm-partners.it A. GENERAL INFORMATION (i) Does your Jurisdiction permit the recognition and enforcement
More informationProposal for a Council Framework Decision on the European arrest warrant and the surrender procedures between the Member States (2001/C 332 E/18)
27.11.2001 Official Journal of the European Communities C 332 E/305 Proposal for a Council Framework Decision on the European arrest warrant and the surrender procedures between the Member States (2001/C
More informationCouncil Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests
Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests Official Journal L 312, 23/12/1995 P. 0001-0004 COUNCIL REGULATION (EC,
More information9117/16 JdSS/ml 1 DG D 1A
Council of the European Union Brussels, 19 May 2016 (OR. en) Interinstitutional File: 2016/0142 (COD) 9117/16 VISA 155 CODEC 691 'A' ITEM NOTE From: To: General Secretariat of the Council Council No. prev.
More informationL 66/38 Official Journal of the European Union
L 66/38 Official Journal of the European Union 8.3.2006 AGREEMENT between the European Community and the Kingdom of Denmark on the criteria and mechanisms for establishing the State responsible for examining
More informationREGULATION (EC) No 1103/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. of 22 October 2008
L 304/80 EN Official Journal of the European Union 14.11.2008 REGULATION (EC) No 1103/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 October 2008 adapting a number of instruments subject to the
More information***I REPORT. EN United in diversity EN A7-0045/
EUROPEAN PARLIAMT 2009-2014 Plenary sitting A7-0045/2012 6.3.2012 ***I REPORT on the proposal for a regulation of the European Parliament and of the Council on jurisdiction, applicable law, recognition
More informationEuropean Economic and Social Committee OPINION. of the
European Economic and Social Committee INT/700 Free movement/public documents Brussels, 11 July 2013 OPINION of the European Economic and Social Committee on the Proposal for a regulation of the European
More informationOfficial Journal of the European Union L 201/21
26.7.2013 Official Journal of the European Union L 201/21 COMMISSION IMPLEMENTING REGULATION (EU) No 716/2013 of 25 July 2013 laying down rules for the application of Regulation (EC) No 110/2008 of the
More information8118/16 SH/NC/ra DGD 2
Council of the European Union Brussels, 30 May 2016 (OR. en) Interinstitutional File: 2016/0060 (CNS) 8118/16 JUSTCIV 71 LEGISLATIVE ACTS AND OTHER INSTRUMTS Subject: COUNCIL REGULATION implementing enhanced
More informationProposal for a COUNCIL DECISION
EUROPEAN COMMISSION Brussels, 17.12.2009 COM(2009)704 final 2009/0189 (NLE) Proposal for a COUNCIL DECISION on the conclusion of the Agreement between the European Union and the Republic of Iceland and
More informationScottish Universities Legal Network on Europe
Scottish Universities Legal Network on Europe INTERNATIONAL PRIVATE LAW: FAMILY LAW Written by Professor J M Carruthers, University of Glasgow Professor E B Crawford, University of Glasgow. Contact: Janeen.Carruthers@gla.ac.uk
More informationAPPLICABLE LAW IN SUCCESSION MATTERS
APPLICABLE LAW IN SUCCESSION MATTERS according to Chapter III of the Regulation Nr. 650/2012/EU (the conflict-of-law rules) Bucharest, September 20, 2013 Dr. Tibor Szöcs senior legal adviser Hungarian
More informationProposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EUROPEAN COMMISSION Brussels, 12.11.2010 COM(2010) 662 final 2010/0325 (COD) Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the list of travel documents entitling the holder to
More informationEUROPEAN UNION. Brussels, 22 June 2007 (OR. en) 2003/0168 (COD) C6-0142/2007 PE-CONS 3619/07 JUSTCIV 140 CODEC 528
EUROPEAN UNION THE EUROPEAN PARLIAMT THE COUNCIL Brussels, 22 June 2007 (OR. en) 2003/0168 (COD) C6-0142/2007 PE-CONS 3619/07 JUSTCIV 140 CODEC 528 LEGISLATIVE ACTS AND OTHER INSTRUMTS Subject: REGULATION
More informationJudicial Cooperation in Civil and Commercial Matters
Judicial Cooperation in Civil and Commercial Matters Ministry of Justice and Public Administration Department for International Legal Assistance in Civil Matters Regulation (EC) No 1393/2007 of the European
More information12629/17 DD/JU/vm DGG 3B
Council of the European Union Brussels, 7 October 207 (OR. en) Interinstitutional File: 204/0297 (NLE) 2629/7 PI 09 LEGISLATIVE ACTS AND OTHER INSTRUMTS Subject: COUNCIL DECISION on the conclusion on behalf
More informationGuidance from Luxembourg: First ECJ Judgment Clarifying the Relationship between the 1980 Hague Convention and Brussels II Revised
Guidance from Luxembourg: First ECJ Judgment Clarifying the Relationship between the 1980 Hague Convention and Brussels II Revised Andrea Schulz Head of the German Central Authority for International Custody
More informationUnitary Patent Procedure before the EPO
Unitary Patent Procedure before the EPO Platform Formalities Officers EPO The Hague H.-C. Haugg Director Legal and Unitary Patent Division D.5.2.3 20 April 2017 Part I General Information What is the legal
More informationPE-CONS 20/2/17 REV 2 EN
EUROPEAN UNION THE EUROPEAN PARLIAMT THE COUNCIL Strasbourg, 4 July 2017 (OR. en) 2015/0134 (COD) LEX 1746 PE-CONS 20/2/17 REV 2 VISA 154 COMIX 316 CODEC 719 REGULATION OF THE EUROPEAN PARLIAMT AND OF
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL REGULATION
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 23.5.2008 COM(2008) 314 final 2008/0097 (CNS) Proposal for a COUNCIL REGULATION amending Regulation (EC) No 834/2007 on organic production and labelling
More information- THE CCIP S PROPOSALS -
European Small Claims Procedure Author : Francine Orsal 2006-03-09 - THE CCIP S PROPOSALS - PROPOSAL 1 Encourage carrying out an impact study in order to analyse the real scale of what is at stake and
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL DIRECTIVE
EN EN EN COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 2.7.2008 COM(2008) 426 final 2008/0140 (CNS) Proposal for a COUNCIL DIRECTIVE on implementing the principle of equal treatment between persons
More information14618/16 JdSS/fp 1 DGD 1A
Council of the European Union Brussels, 2 November 206 (OR. en) 468/6 OUTCOME OF PROCEEDINGS From: General Secretariat of the Council On: 7 November 206 To: Subject: Delegations VISA 368 CODEC 695 COEST
More informationProposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EUROPEAN COMMISSION Strasbourg, 15.12.2015 COM(2015) 670 final 2015/0307 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation No 562/2006 (EC) as regards the
More informationCONVENTION ON THE RECOGNITION AND ENFORCEMENT OF DECISIONS RELATING TO MAINTENANCE OBLIGATIONS
CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF DECISIONS RELATING TO MAINTENANCE OBLIGATIONS The States signatory to this Convention, (Concluded 2 October 1973) Desiring to establish common provisions
More informationJournal of Private International Law. ISSN: (Print) (Online) Journal homepage:
Journal of Private International Law ISSN: 1744-1048 (Print) 1757-8418 (Online) Journal homepage: http://www.tandfonline.com/loi/rpil20 Recognition and enforcement of judgments in civil and commercial
More informationREGULATION (EU) No 650/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
REGULATION (EU) No 650/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic
More information