Brussels I bis Regulation shall facilitate recognition and enforcement of judgments in other Member States

31. 3. 2015

The new Regulation, which deals with so-called free movement of judgements within the EU, entered into force on January 10, 2015. The Regulation aims to simplify civil and commercial disputes with an international element. Therefore, for Czech creditors it should be easier to enforce judgements of Czech courts in other EU-Member States and accordingly, it also applies to enforcement of foreign judgements in the Czech Republic.Brussels I bis Regulation completely abolished proceedings on declaration of enforceability. Thus, it is no longer necessary to declare enforcement of the judgement first and only then initiate the enforcement proceedings. Given this, the judgement of the Member State can be enforced in another Member State just based on (i) the judgement, and (ii) the certificate issued by the court of origin on a standard form (certifying mainly the fact that the judgment is enforceable). Another important change is strengthening of the importance of the jurisdiction clause (i.e. an agreement of the Parties, which court should decide possible disputes arising from the contract). The Regulation explicitly states that the jurisdiction clause is considered as an independent agreement in relation to other provisions of the contract. Therefore, even if the contract was invalid, it would not automatically result in invalidity of the jurisdiction clause. Furthermore, newly jurisdiction of some of the EU-Member State's courts may be agreed even if none of the Parties to the agreement is seated in the territory of an EU-Member State

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