Table of Articles

Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters

Title III - Recognition and enforcement
S e c t i o n 2: Enforcement

Art. 31

Foreign judgment - Judgment ordering the payment of a sum in foreign currency to be increased so as to reflect the revaluation of the currency and ordering the payment of legal interest - Order for enforcement appended without specifying the sum due at that date and the basis of computation of possible future increases - Inadmissible - Obligation of the exequatur judge to invite the creditor to specify the claim - N 1993/32
Money judgment enforceable in the State of origin -Subsequent judgment ordering the termination of a court-supervised liquidation and conferring immunity from enforcement in that State but not in the State in which enforcement of the first judgment is sought - Effects on the quality of enforceability of that judgment in the State in which its enforcement is sought - N 1998/6
Decision condemning to the payment of maintenance - Grant of the enforcement order having become final -Enforcement measures (order for payment) - Authorization denied in the absence of service of the foreign decisions on the debtor - Inadmissibility - N 1998/22
Enforcement order - Notification of the order granting the enforcement to the party against whom the enforcement is requested - Objectives - Inobservance of the law of the State addressed regarding this notification - Annulment of the order - N 1998/35
Decisions enforceable in the State of origin - Concept -Enforceability in formal terms - Enforcement carried on in the State addressed - Effect of a later decision, in a matter excluded from the purview of the Convention, granting immunity from execution in the State of origin to one of the parties - Appraisal by the court of the State addressed - N 1999/5
Exequatur - Conditions - Enforceable nature of the foreign decision - Writ of summons issued by a British court - Lack of enforceable nature - Enforceable nature only attached with judgments rendered subsequently - N 2000/32
Exequatur - Appeal against the order - Grounds - Failure to designate an agent ad litem - Procedure intended to protect the rights of defence of the party referred to in the request for exequatur - Effects - Extension of the time-limit for appeal against the granting of exequatur - Absence of effect on the validity of the judgment declaring the foreign judgment enforceable - N 2000/42
Grounds for refusal - Public policy - Requirement, under the law of the court seised, for ministerial authorisation of enforcement against a foreign State - Concept of foreign State - Public-law corporation - Exclusion - N 2000/42
Decision authorising enforcement - Apposition of enforcement formula - Conditions - Enforceability of the judgment in the State in which the judgment was given - Requirement that it be res judicata - None - N 2001/50
Recognition of a judgment of an English court ordering an Italian company to pay the costs and charging a non-judicial authority (Taxing Master) with the determination of the amount - Actions brought before the Italian court relating to the recognition of the judgment, first, with regard to its substantive findings and, second, with regard to the determination of the costs - Admissibility of the action relating to the costs - N 2004/31
Appending of executory formula Procedure Claim by application Case relating to debt collection, liable to be settled Power to order the debtor to pay the costs of the application - N 2005/50
Enforcement order - Procedure - Obligation of the prosecuting authority to intervene - None - Infringement of the rights of the defence - Excluded - N 2007/21

Art. 32

Application for enforcement - Court having territorial jurisdiction the hear the application for enforcement - Debtor giving up his place of domicile during the appeal proceedings against the decision authorizing enforcement - Influence - N 1998/5
Exequatur - Application - Jurisdiction - Jurisdiction of the Court of first instance - Imperative provision - Application addressed to the highest appeal court - Lack of jurisdiction raised ex officio - N 1999/42
Order for enforcement - Appeal against grant - Obligation of the court first seised to determine of its own motion, in the absence of an inter partes hearing, its territorial jurisdiction - Defendant only able to raise lack of jurisdiction for the first time on appeal - N 2002/47

Art. 33

Enforcement order - Application - Applicability of the law of the State in which enforcement is sought - No evidence of the power of the companys legal representative to appoint a lawyer - Power acknowledged by the defendant during the court proceedings in the State of origin - No formality in relation to the power (bastanteo’) - Minor irregularity - Admissibility - N 2007/21

Art. 34

Enforcement order - Application - Applicability of the law of the State in which enforcement is sought - No evidence of the power of the companys legal representative to appoint a lawyer - Power acknowledged by the defendant during the court proceedings in the State of origin - No formality in relation to the power (bastanteo’) - Minor irregularity - Admissibility - N 2007/21
Enforcement order - Procedure - Obligation of the prosecuting authority to intervene - None - Infringement of the rights of the defence - Excluded - N 2007/21
Grounds for refusal - Public policy - No statement of grounds for the foreign judgment - Production at the hearing of an untranslated document no substitute for the missing statement of grounds - Contrary to international public policy - Recognition refused - N 2007/25

Art. 34, para. 1

Exequatur - Decision providing for the obligation to refrain from certain actions - Obligation to grant provisional measures provided for by the law of the State in which enforcement is sought - Absence of comparable measures in the law of the State of origin - Relevance - Request for interpretation - N 2000/9
Order for enforcement - Appeal against grant - Obligation of the court first seised to determine of its own motion, in the absence of an inter partes hearing, its territorial jurisdiction - Defendant only able to raise lack of jurisdiction for the first time on appeal - N 2002/47

Art. 34, para. 3

Review as to substance - Prohibition - Scope - Argument that company against which enforcement is sought is a separate company from the one before the foreign court - Exclusion - N 1997/38

Art. 36

Appeal against authorization of enforcement - Power of the court seised to stay the proceedings - Right to request a stay of proceedings - Person having brought an appeal unable to advance one of the grounds for refusal specified in the Convention - Judgment against which an ordinary appeal is brought in the State of origin - Proceedings in respect of which a stay may be ordered - N 1993/12
Appeal against authorization of enforcement - Power of the court seised to stay the proceedings - Refusal in the State of origin to stay the enforcement of the judgment - Relevance to the exercise, by the court addressed, of the power to stay the proceedings - N 1993/12
Appeal against authorization of enforcement - Power of the court seised to stay the proceedings - Refusal to grant a stay or to lift a stay previously ordered by the court seised of the appeal - Appeal within the meaning of article 37 paragraph 2 to a superior court - Jurisdiction of the superior court to impose or reimpose a stay - N 1993/12
Enforcement order - Appeal against the enforcement order - No objection raised on the grounds for refusal specified in articles 27 and 28 of the Convention - Judgment dismissing the appeal without specifying the lack of grounds for refusal - Admissibility - N 1994/21
Enforcement order - Appeal against the grant of enforcement - Argument founded on the lack of indication of the rights of appeal when the foreign judgment was served - Defendant aware of the proceedings - Argument not relied upon before the court seised with the appeal against the enforcement order - Obligation of the court to examine ex officio - None - Circumstance upon which the argument is based compatible with French procedural public policy - N 1996/20
Exequatur - Appeal against the order - Grounds - Failure to designate an agent ad litem - Procedure intended to protect the rights of defence of the party referred to in the request for exequatur - Effects - Extension of the time-limit for appeal against the granting of exequatur - Absence of effect on the validity of the judgment declaring the foreign judgment enforceable - N 2000/42
Order for enforcement - Appeal against grant - Obligation of the court first seised to determine of its own motion, in the absence of an inter partes hearing, its territorial jurisdiction - Defendant only able to raise lack of jurisdiction for the first time on appeal - N 2002/47
Judgment authorising enforcement Addressee of the decision knew of it notwithstanding the absence or irregularity of service Meaning of 'knowledge of the pleadings' Independent Community definition Request for interpretation - N 2005/11
Service of the judgment authorising enforcement Possibility of notifying the judgment by a means other than service Request for interpretation - N 2005/11
Judgment authorising enforcement Addressee of the decision having knowledge of it notwithstanding the absence or defective nature of the service thereof Commencement of the period laid down in Article 36 of the Convention from the time when the addressee of the decision knew of it Request for interpretation - N 2005/11
Enforcement proceedings Appeal against issue Appeal brought by interested third parties Excluded - N 2005/40
Decision authorising enforcement - Service - Definition - Notice in cases of failure of, or defective, service - Excluded - Requirement of due service in conformity with the law of the State in which enforcement is sought - N 2006/3

Art. 36, para. 1

Appeal against the order for enforcement Permissible grounds Objections or pleas of absolute or qualified bars to enforcement arising after delivery of the foreign judgment No prejudice to the res judicata of the foreign judgment – No review as to the substance - N 2010/33

Art. 37

Appeal against authorization of enforcement - Power of the court seised to stay the proceedings - Right to request a stay of proceedings - Person having brought an appeal unable to advance one of the grounds for refusal specified in the Convention - Judgment against which an ordinary appeal is brought in the State of origin - Proceedings in respect of which a stay may be ordered - N 1993/12
Appeal against authorization of enforcement - Power of the court seised to stay the proceedings - Refusal in the State of origin to stay the enforcement of the judgment - Relevance to the exercise, by the court addressed, of the power to stay the proceedings - N 1993/12
Appeal against authorization of enforcement - Power of the court seised to stay the proceedings - Refusal to grant a stay or to lift a stay previously ordered by the court seised of the appeal - Appeal within the meaning of article 37 paragraph 2 to a superior court - Jurisdiction of the superior court to impose or reimpose a stay - N 1993/12
Appeal against grant of the enforcement order - Similar to challenging an order for payment based on Italian law - Power of the court hearing the appeal to examine a ground for refusal ex officio - None - Appellant may rely on such grounds after lodging the appeal - N 1996/11

Art. 37, para. 1

Exequatur - Appeal against the decision authorizing enforcement - Rules governing procedure in contentious matters - Scope - Referral to the lex fori - Referral including the admissibility conditions of further appeal against the judgment on the appeal - National provisions excluding cases worth less than 6.000.000 ptas - Inadmissibility of further appeal - N 1999/44

Art. 37, para. 2

Enforcement - Remedies - Appeal in cassation and 'Rechtsbeschwerde' - Remedy available to third parties under domestic law - Excluded - N 1993/2
Appeals - Appeal in cassation or similar form of appeal on a point of law - Decisions against which appeals can be brought - Decision on a stay of proceedings by a court seised of an appeal against authorization of enforcement - Excluded - Jurisdiction of the court seised of an appeal on a point of law to decide on such a stay of proceedings - None - N 1996/3
Order for enforcement - Appeal - Further appeal on a point of law - Decisions subject to appeal - Decision concerning the exercise by the lower court of its discretion to stay proceedings - Exclusion - N 1997/20
Exequatur - Appeal against the decision authorizing enforcement - Rules governing procedure in contentious matters - Scope - Referral to the lex fori - Referral including the admissibility conditions of further appeal against the judgment on the appeal - National provisions excluding cases worth less than 6.000.000 ptas - Inadmissibility of further appeal - N 1999/44

Art. 38

Appeal against authorization of enforcement - Power of the court seised to stay the proceedings - Right to request a stay of proceedings - Person having brought an appeal unable to advance one of the grounds for refusal specified in the Convention - Judgment against which an ordinary appeal is brought in the State of origin - Proceedings in respect of which a stay may be ordered - N 1993/12
Appeal against authorization of enforcement - Power of the court seised to stay the proceedings - Refusal in the State of origin to stay the enforcement of the judgment - Relevance to the exercise, by the court addressed, of the power to stay the proceedings - N 1993/12
Appeal against authorization of enforcement - Power of the court seised to stay the proceedings - Refusal to grant a stay or to lift a stay previously ordered by the court seised of the appeal - Appeal within the meaning of article 37 paragraph 2 to a superior court - Jurisdiction of the superior court to impose or reimpose a stay - N 1993/12
Appeal against the grant of the enforcement order - Power of the court seised to make enforcement conditional on the provision of security - Exercise - Consideration not limited to the remedies not already invoked by the applicant or known to him at the time of the proceedings before the court of the State of origin - Consideration of the payments made after the judgment was delivered in the State of origin - N 1995/18
Appeals - Appeal in cassation or similar form of appeal on a point of law - Decisions against which appeals can be brought - Decision on a stay of proceedings by a court seised of an appeal against authorization of enforcement - Excluded - Jurisdiction of the court seised of an appeal on a point of law to decide on such a stay of proceedings - None - N 1996/3
Appeal against grant of enforcement order - Claim for a stay of the proceedings after the lodging of an appeal in the State of origin - Dismissal - Appeal in cassation - Inadmissibility - Discretionary power of the court of appeal to stay the proceedings or not - N 1996/11
Enforcement order - Appeal against issue - Foreign judgment which is the subject of an ordinary appeal in the State in which the judgment was given - Obligation of the court before which enforcement is sought to stay proceedings on the application for an enforcement order - None - N 2001/46
Decision authorising enforcement - Appeal against issue - Stay of proceedings following the lodging of an "ordinary appeal" in the State in which the judgment was given - Definition of ordinary appeal - Independent interpretation - Appeal in cassation classified as an extraordinary appeal in the State in which the judgment was given - No effect - Inclusion within the definition - Grant of stay - N 2001/50
Order for enforcement - Appeal against grant - Meaning of "ordinary appeal" within the meaning of Article 38 of the Convention - Notice of appeal - Included - Conditions for stay of proceedings by the court in which recognition is sought - Reasonable doubt as to the final outcome of the decision in the State of origin and as to the determination of the damage resulting from enforcement of the judgment - No such doubt where only the notice of appeal is presented and in the absence of reasons supporting the appeal - N 2003/41

Art. 39

Order for enforcement - Appeal against grant - Meaning of "ordinary appeal" within the meaning of Article 38 of the Convention - Notice of appeal - Included - Conditions for stay of proceedings by the court in which recognition is sought - Reasonable doubt as to the final outcome of the decision in the State of origin and as to the determination of the damage resulting from enforcement of the judgment - No such doubt where only the notice of appeal is presented and in the absence of reasons supporting the appeal - N 2003/41
Order for enforcement - Protective measures permissible - Determination in accordance with the law of the court before which enforcement is sought - Provisional registration of mortgage - Whether permissible - Foreign decision on whether debt is payable not final - Not relevant - Obligation to notify, prior to the adoption of the protective measure, the decision ordering enforcement to the party against whom enforcement is sought - No such obligation - Cancellation of the provisional registration if not converted into a mortgage once the order for enforcement becomes final - No - N 2004/29


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