The Enforcement of EU Judgements.

Posted on: 02 Feb 2017

Category: News

 

In regards to judgments handed down by any EU Court, including Danish courts, they can now be enforced/ executed in the same manner that one would execute a local judgement.

The Brussels I Recast regulation eradicated the intermediate proceedings- the exequatur. This means that the bureaucratic process of having a local Judge rubber stamping an already existing judgment is now a thing of the past.

Thus lawyers now have to follow normal procedures of execution, the documents necessary under Maltese law for the execution of EU judgements, are the following: A certified copy of the judgement and its translation into Maltese/ English, Evidence that the case is Res Judicata (also translated if necessary), and the European Enforcement Order Certificate, issued by the foreign Court that provided for the judgement.

It is important to note that the execution of a foreign judgement can be appealed, both by any interested party or by the court ex-officio, on the basis provided for under Article 811 of the COCP (which are the same as those that apply to Maltese Judgements) and also in ‘the case of a judgment by default, if the parties were not contumacious according to foreign law’ or ‘if the judgment contains any disposition contrary to public policy or to the internal public law of Malta.’

 

[i] As regulated by Article 826 of The Code of Organisation and Civil Procedure.

 

[ii] Standard Form, provided by REGULATION (EU) No 1215/2012: Annex I.