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Regulation Brussels I recast · Exequatur · Enforcement · Final
judgments · Harmonisation (lack of) · National implementation · Diversity
Abstract:
EU Member State judgments given in legal proceedings instituted on or
after January 10, 2015, in civil or commercial matters, will be enforced in another Member State according to the Brussels Ibis Regulation, Regulation (EU) no 1215/2012. Brussels Ibis Regulation provides for a new framework where a declaration of enforceability is no longer required in the Member State addressed; with the abolition of exequatur the focal point of the system shifts to enforcement proceedings.
While Brussels Ibis Regulation specifies a few rules that directly impact national enforcement rules, many other require the assistance national lawmakers to be implemented. Whether this represents a true step forward towards the free movement of decisions, meaning less costly and time-consuming cross-border litigation, remains to be seen.