The European Union judicial cooperation system has simplified the procedure for the recognition and enforcement of civil and commercial decisions among EU Member States. However, challenges remain, particularly regarding public policy objections, the coordination among national laws and procedural hurdles. This article explores key aspects of the recognition and enforcement procedure of decisions in Italy, highlighting recent development and practical insights.
EU Regulation 1215/2012 (Brussels I-bis) governs the recognition and the enforcement of judgments and decisions within the European Union, allowing the automatic recognition and enforcement thereof: a judgement issued in one Member State is valid in other Member States without any special procedure. In order for the parties to proceed (for example, to start enforcement proceedings based on the foreign decision), the parties must provide a copy of the decision and the certificate pursuant to article 53 of the EU Regulation 1215/2012 (annex 1).
In order to oppose the recognition or the enforcement of a decision pursuant to articles 45 and 46 of EU Regulation 1215/2012, an application shall be submitted before the competent court. In Italy, before enforcement proceedings have been started, applications shall be made pursuant to articles 281-decies et ss. of the Italian Code of Civil Procedure before the court of first instance who has territorial jurisdiction over the matter. This is a special procedure, faster and less burdensome than an ordinary proceeding (for instance, the phase for the taking of evidence is avoided or extremely simplified, written pleadings are reduced and limited to the introductory pleadings). Overall, a final decision can be expected within a few months.
However, if enforcement proceedings have been started, the application shall be submitted before the court competent for the enforcement proceedings.
The decision on the opposition may be appealed before the competent Court of Appeal, but no review of the merits of the case is allowed.
Special considerations arise with provisional and interim measures, which are enforceable if issued by a competent court and duly served to the defendant. However, orders issued in absentia shall not be recognized unless they have already been formally and duly served to the other party.
The service of judicial documents within the European Union is regulated by EU Regulation 2020/1784, which streamlines service procedures to ensure efficiency and speed. Key features of EU Regulation 2020/1784 is the direct communication (and transfer of documents) between designated authorities, avoiding bureaucratic delays; the service through diplomatic or consular channels, postal services or electronic transmission. Lastly, the regulation provides for the right of the recipient to refuse the service of the documents if the latter are not redacted in a known or comprehensible language.
However, practical difficulties persist, such as untraceable defendants, incorrect addresses (national registers not updated with residence address changes). Moreover, the timings may also vary depending on the transmission channel (designated authorities, diplomatic services, etc.) and on the actual efficiency of any such authorities.
Overall, the EU legal framework has significantly improved judicial cooperation between Member States, but challenges remain due to procedural differences between each country and practical aspects. Keeping up to date with regulatory changes and updates is therefore essential for navigating cross-border legal matters effectively.
In case of assistance, we remain available to clarify local rules and procedures for the recognition and the enforcement in Italy of decisions issued in Member States part of EU Regulation 1215/2012 and, in general, in any other country, taking into account the specific applicable international convention, bilateral agreement or law.
