Aktuelle Rechtsprechung zur Anerkennung und Vollstreckung von Entscheidungen nach der Brüssel Ia-VO: Die europäische Perspektive
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Date
2024/2-3.
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Abstract
According to the prevailing view to date, judgements issued in a Member
State that declare foreign judgements enforceable are not subject to recog-
nition and enforcement under the Brussels Ia Regulation 2012 (“exequatur
sur exequatur ne vaut”). Among other things, this prevents third-country
judgements from circulating throughout the EU by circumventing national
recognition and enforcement requirements. In two recent judgements, the
ECJ has strongly relativised this view and qualified an English ‘confirmation
judgment’ and an English merger decision as judgements that can, in princi-
ple, be enforced in other member states in accordance with Art 39 Brussels
Ia Regulation. At the same time, as a corrective measure, it provided for a
rather far-reaching possibility of refusing to recognise and enforce a judgment
due to a violation of public policy. Unfortunately, the ECJ’s opinion leads to
legal fragmentation and legal uncertainty.
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Keywords
recognition of foreign judgments, enforcement of foreign judg- ments, Brussels Ia Regulation, recent case law, public policy (ordre public), exequatur decisions, legal certainty, legal unity