In many jurisdictions, the requirements for recognising and enforcing foreign judgments are these:
- The court which rendered the judgment had jurisdiction to do so;
- The judgment is valid and final;
- Fundamental procedural principles such as fair trial and the right to be heard were respected throughout the proceedings;
- The judgment is not contrary to public policy in the forum in which it is to be enforced.
Within the EU, Regulation (EU) 1215/2012 (or the Brussels I Regulation) guarantees that in principle, a judgment given in a Member State shall be recognised and enforced in other Member States without any special procedures being required. The regulation also specifies in its Article 45 the very narrow grounds for refusal of recognition and enforcement of a judgment rendered in another Member State.
Recognition of non-EU judgments inside the EU is principally governed by domestic law or, where applicable, international treaties.
BODENHEIMER HERZBERG REPRESENTATIVE MATTERS AS PARTIES’ COUNSEL
Represented an Italian manufacturer of equipment for restaurants in a matter involving the enforcement of an Italian judgment in Germany against a German customer
Represented an EU petrol company in German proceedings towards the recognition of a Turkish state court judgment against a former distributor in Germany
Overviewed the enforcement in Brazil of judgments obtained on behalf of a multinational online media agency before the German courts against Brazilian advertisers.
CONTACTS FOR THIS DISPUTE RESOLUTION METHOD: