Original scientific paper
Reasons for Denying Recognition and Enforcement of Court Decisions according to the Council Regulation (EC) No. 44/2001 of December 22, 2000 on Court Jurisdiction and Recognition and Enforcement in Civil and Commercial Matters
Hrvoje Sikirić
; Faculty of law, University of Zagreb, Zagreb, Croatia
Abstract
The Council Regulation (EC) no.44/2001 of December 22, 2000 on court jurisdiction and recognition and enforcement of decisions on civil and commercial matters is a source of European communitarian private international law. The paper analyzes Chapter III of the Regulation that deals with court judgments taken in one EU member country and their recognition and enforcement in another member country. The introductory part gives a brief historical overview of European Community private international law together with a categorization of measures used in this process. Some basic remarks are made on the scope of application of the Regulation and basic information is given on preliminary rulings of the European Court. After explaining the scopes of application of Chapter III regarding the merits of judgment, space, time and persons, a detailed explanation is given of the concept of judgment as used in the Regulation. The reasons for denying recognition and enforcement are explained by the order of the Regulation's provisions, and its running counter to the public policy of the member state of which reocognition and enforcement is required, by the infringement of due process for the defendant who defaulted, and by inconsistent decisions. The paper specially analyzes prohibition of questioning the jurisdiction of the EU member country of origin , noting some exceptions from this prohibition, and the prohibition of reexamining the merits of the foreign judicial decision.
Keywords
European private international law; Brussels Regulation I; judicial cooperation in civil matters; public policy; due process; inconsistent decisions; international jurisdiction; merits of judgment; recognition and enforcement
Hrčak ID:
48827
URI
Publication date:
22.2.2010.
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