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25/05/2018
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International Union of Judicial Officers
Au service de la profession d'huissier de justice dans le monde depuis 1952
At the Service of the Profession of Judicial Officer in the World since 1952
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Introduction

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Présentation
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Toolkit on the Brussels I a Regulation
 
SECTION I. INTRODUCTION
 
 
A.     Recast of the Brussels I Regulation

Regulation (EU) no. 1215/2012 (“Brussels Ibis Regulation”) of the European Parliament and of the Council of 12 December 2012, on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters, recasting Regulation (EC) no. 44/2001, was published on 20 December 2012 (1). 
 
The aim of this regulation is to facilitate and accelerate the circulation of judgements and to enhance access to justice in civil ans commercial matters within the European Union, in accordance with the principle of mutual recognition and the guidelines of the Stockholm programme (2).

Despite the criticism levelled against the abolition of the exequatur, the abolition certainly results in an improvement in judicial cooperation between Member States within the internal market and considerably reduces the costs and delays arising from rules currently valid for cross-border disputes (3).

B.     Abolition of the exequatur procedure


Henceforth, by virtue of Article 39 of Regulation (EU) no. 1215/2012, “a judgment given in a Member State which is enforceable in that Member State shall be enforceable in the other Member States without any declaration of enforceability being required.” (4)
 
This judgement may therefore be enforced in all Member States of the European Union and carry with it by operation of law the power to proceed to any protective measures which exist under the law of the Member State adressed (5).

By virtue of this Article, the regulation purely and simply abolishes the exequatur as established in Article 38 of Regulation (EC) no. 44/2001.

C.    Entry into force

Regulation (EU) no. 1215/2012 entered into force on 10 January 2015 and is only applicable, in accordance with Article 66, to legal proceedings instituted, to authentic instruments formally drawn up or registered and to court settlements approved or concluded on or after 10 January 2015.


(1) See OJEU, no. L-351, 20 Dec. 2012, p. 1
 
(2) See recital 1: "On 21 April 2009, the Commission adopted a report on the application of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters. The report concluded that, in general, the operation of that Regulation is satisfactory, but that it is desirable to improve the application of certain of its provisions, to further facilitate the free circulation of judgements and to further enhance access to justice. Since a number of amendments are to be made to that Regulation it should, in the interests of clarity, be recast".

(3) See P. WAUTELET, "Quo vadis exequatur ? Quelques constats au départ d'une étude empirique", in Quinze années d'évolutions marquantes du procès civil dans la législation, la doctrine et la jurisprudence, La Charte, 2012.

(4) See recital 26 which provides that "mutual trust in the administration of justice in the Union justifies the principle that judgements given in a Member State should be recognised in all Member States without the need for any special procedure".
 
(5) See Article 40 of Regulation (EU) n° 1215/2012
 
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