Remedies concerning Enforcement of Foreign Judgements according to Brussels (RECAST)

Start Date: 01/02/2016 | End Date: 31/07/2018

Brussels I Recast (Regulation No 1215/2012 on the jurisdiction and the recognition and enforcement of judgements in civil and commercial matters – BIA), which has replaced Brussels I Regulation (BIR) is one step closer towards the simplification and expedition of cross-border enforcement of debts. However, some existing issues remain unsolved some new ones have already been identified. With the abolishment of the exequatur, the issue of remedies in both the Member State of origin and the Member State of enforcement is gaining new importance. Recourses in the state of origin have to be researched from the perspective of how they actually serve the foreign debtor to protect his/her rights in order to minimise the need to challenge the foreign judgment in the state of enforcement. Specific topics should be devoted to the provisional measures or to the speedy intervention to enable timely protection of rights.

The project will analyse the application of substantive public policy and its suggested replacement with some other measures. Research on refusal grounds will be followed by comparison of the creditor’s chance to opt for enforcement upon EU Regulations 805/2004, 1896/2006, 861/2007. It will be conducted through tight cooperation among experts from both theory and practice; we will encourage participation from scholars, judiciary, advocates, notaries, businesses, and – very important – state authorities, ministries and legislators. A functional comparative study on national law shall be performed.