Brussels 1 The Brussels 1 Regulation (Recast) governs the enforcement and recognition of judgements given in other EU states. Judgement recognition is almost automatic. A person seeking to enforce a judgement produces a copy of the judgement and a form of certificate issued by the court that granted the judgement. It may thereafter enforce the judgement in the national in Ireland. The Brussels 1 Regulation […]
Judgments Enforced A judgement outside the scope of the EU and similar Conventions may be enforced in an action based on the judgement in Ireland. The basic principle is that a judgement for a liquidated sum which is final and conclusive given by a competent court under domestic rules of private international law is entitled to recognition at common law and may be enforced by […]
EU Convention Background The common law rules apply unless there is a treaty or legislation providing for the recognition of judgments. Common Law enforcement principles apply to judgments from any countries not referenced below Ireland has entered a comprehensive EU system for the almost automatic recognition and enforcement of judgements. The Brussels Convention 1968 provided for simplified procedures for the recognition of judgements in the […]
Grant of Representation When a deceased dies leaving assets, the assets pass to his personal representative. In order to carry into effect the deceased\’s wishes (or in the case of administrators, the division of assets required by law), they must obtain a grant of representation. This is a grant of probate in the case of a will and letters of administration where there is no […]
EFTA EFTA states are party to a similar but less thoroughgoing system. Under the Lugano Convention there are similar arrangements with states of the European Free trade Association i.e. Norway and Iceland and Switzerland. The Lugano Convention 2007 is the latest version of that convention and became effective in 2010. The purpose of the Jurisdiction of Courts and Enforcement of Judgments Act 2012 to give […]
Court jurisdiction in legal cases involving different EU countries Regulation (EU) No 1215/2012 – jurisdiction and the recognition and enforcement of judgments in civil and commercial matters It updates a previous EU law on the jurisdiction, the recognition and enforcement of judgments in civil and commercial matters (known as the ‘ Brussels I regulation ’). It aims to make the circulation of judgments in civil […]
Automatic Recognition The EU Judgment Regulation allows for almost automatic recognition of judgments between EU Member States. The judgment Regulation is directly effective law in all of the European Union’s member states. It overrides any inconsistent laws. Originally, steps were required to recognise the judgment. Under the amended Regulation, recognition is automatic, and the onus is on the defendant to challenge the recognition of the […]
Common Law Enforcement The common law rules apply to judgements and like orders which are not within the scope of the Brussels 1 Regulation, the Hague Convention on Choice of Court Agreements or the Lugano Convention. At common law, recognition of judgments is not automatic. An application must be made to the court. The common law rules in relation to recognition and enforcement apply where […]
European Union Rules European Union law requires every EU State to recognise and enforce the court orders of courts of other member States. This means that Irish court orders can be enforced against assets, property and persons in other EU states and that equally court orders issued by EU courts can be enforced in Ireland. A Court in one state will not generally reopen another […]