Cyprus: Recognition and enforcement of judgments under the EU Regulation 1215/2012
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 has been applied in the courts of all 28 Member States since 10 January 2015 after a long period of almost two years of consideration. Enforcement and recognition of a judgment comes into play when a creditor who has a judgment in a foreign court wishes to enforce it in another Member State, namely in a Member State where the debtor has assets since in this manner the creditor will wish to secure those assets towards satisfaction of the judgment.
Amongst the various changes which have been introduced by the revised Brussels Regulation is the fact that it resulted in the elimination of the need for a declaration of enforceability in the courts of the member state in which enforcement is sought which very much simplifies the entire procedure. Therefore a party seeking to enforce in the courts of one member state a judgment obtained in the courts of another has to produce (a)a copy of the judgment, (b) a standard certificate annexed to the revised Brussels Regulation, and, where necessary, (c) a translation of the certificate and/or judgment. Furthermore, there are also certain limited safeguards permitting an interested party to apply for refusal of recognition or enforcement of the judgment since it is up to the debtor to apply to the designated court of the State of enforcement to oppose the enforcement based on limited grounds. However when seeking enforcement, and prior to taking the first step in an enforcement process, the certificate annexed to the revised Regulation must be sent to the party from which enforcement is being requested, accompanied by the judgement (if this has not already been forwarded). This is a procedure that needs to be taken before any enforcement measures are taken.
Furthermore, where the party seeks to enforce in a Member State a judgment given in another Member State ordering a provisional, including a protective, measure, the applicant shall provide the competent enforcement authority with(a)copy of the judgment which satisfies the conditions necessary to establish its authenticity;(b)the standard certificate annexed to the revised Brussels Regulation containing a description of the measure and certifying that the court has jurisdiction as to the substance of the matter and that the judgment is enforceable in the Member State of origin as well as (c) where the measure was ordered without the defendant being summoned to appear, proof of service of the judgment.
The new mechanism for enforcement and recognition aims in the quick recognition and enforcement of court judgments and interim measures of protection issued by Courts of Member States in other Member States.
For further information on this topic please contact
Ms. Nada Starovlah (nstarovlah@pittaslegal.com) at SOTERIS PITTAS & CO LLC,
by telephone (+357 25 028460) or by fax (+357 25 028461)
The content of this article is intended to provide a general guide to the subject matter. Specialist advise should be sought about your specific circumstances.
