Table of Articles

Council Regulation (EC) No 44/2001
of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

	Chapter III - Recognition and enforcement
	Section 2: Enforcement

Art. 42

	Judgment declared enforceable - Limited to one of joint debtors - Whether permissible - Conditions - N° 2007/38
	Issue of declaration of enforceability of judgment - Procedure - Possibility of intervention by a third party - Excluded - N° 2007/38
	Grounds for refusal - Public policy - Debtor’s application dismissed by a court of appeal of the State of origin for failure to enter an appearance - No breach of public policy - N° 2007/38

Art. 43(1)

	Appeal available against the judgment authorising enforcement – Party entitled to appeal under Article 43(1) of the Regulation – Meaning – Creditor acting in the name and for the account of his defaulting debtor, but not formally a party to the proceedings for determining underlying enforceability initiated by another creditor and involving that debtor – Included – Request for interpretation - N° 2008/11
	Redress available against the decision authorising enforcement - Appeal by an interested third party - Excluded - N° 2009/6

Art. 44

Grounds for refusal - Defendant in default of appearance not served with the document instituting proceedings in sufficient time and in such a way as to enable him to arrange for his defence - No evidence enabling the court having jurisdiction to consider ‘that it has sufficient information before it’ to declare the judgment in question enforceable, failing production of the certificate set out in Annex V to the regulation - Refusal of an enforcement order - N° 2009/59

Art. 45

	Appeal against a judgment declaring a foreign judgment to be enforceable - Court seised of the appeal - Obligation to examine grounds for refusal - Conditions - N° 2007/17
	Grounds for refusal - Contrary to public policy in the State in which recognition is sought - Meaning - Reference to the case-law of the Court of Justice - Breach of the fundamental principles of the State in which recognition is sought - Infringement of an individual’s right that is recognised under the Czech legal system as being a fundamental right - Included - N° 2007/17

Art. 45(1)

	Accession of new Member States to the Communities - Act of Accession of 2003 - Protocol No 10 on Cyprus - Suspension of the application of the acquis communautaire in the area falling outside the effective control of the Cypriot Government - Judgment given by a Cypriot court sitting in the area effectively controlled by the Cypriot Government and concerning land situated outside that area - Application for recognition and enforcement in another Member State under Regulation No 44/2001 - Whether permissible - N° 2009/7
	Grounds for refusal - Infringement of public policy of the State in which enforcement is sought - None - N° 2009/7
	Conditions - Enforceability in the Member State of origin - Judgment given by a court of a Member State sitting in the area effectively controlled by the Government of that Member State and concerning land situated outside that area - Enforceability of the judgment in the Member State of origin - N° 2009/7
	Grounds for refusal - Failure to serve the defendant in default of appearance with the document which instituted the proceedings in sufficient time - Nonen - N° 2009/7
	Grounds for refusal - Defendant in default of appearance not served with the document instituting proceedings in sufficient time and in such a way as to enable him to arrange for his defence - No evidence enabling the court having jurisdiction to consider ‘that it has sufficient information before it’ to declare the judgment in question enforceable, failing production of the certificate set out in Annex V to the regulation - Refusal of an enforcement order - N° 2009/59

Art. 46

	Appeal against order for enforcement – Power of the court seised to stay the proceedings – Exercise – Assessment of the prospects of success of ordinary appeal in the State of origin – Not permitted - N° 2008/32

Art. 47

Appeal against order for enforcement – Protective measures – English provisional measure ordered in support of judgment delivered in Italy and recognised in England prohibiting the defendant from disposing of its assets anywhere in the world – No real connecting link between subject-matter of that measure and Italian territorial jurisdiction – Conflict with policy of Italian court – Risk of contradiction between English measure and enforcement measures in other Member States – English courts lacking jurisdiction to order such a measure - N° 2008/31

Art. 48

	Judgment declared enforceable - Limited to one of joint debtors - Whether permissible - Conditions - N° 2007/38
	Issue of declaration of enforceability of judgment - Procedure - Possibility of intervention by a third party - Excluded - N° 2007/38
	Grounds for refusal - Public policy - Debtor’s application dismissed by a court of appeal of the State of origin for failure to enter an appearance - No breach of public policy - N° 2007/38