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 – Art of the Polish Code of Civil Procedure  judgments from Denmark, Iceland, Norway and Switzerland – Lugano Convention 2007  judgments from other countries – Art 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))