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ENFORCEMENT IN ITALY OF EU JUDGMENT

Litigation in Italy


Recognition and enforcement of judgments issued by the court of another EU country



Recognition and enforcement of judgments issued by the court of another EU country 

The EU Regulation 1215/2012 in force since 10 January 2015 (replacing EU Regulation 44/2001) regulates the jurisdiction and the recognition and enforcement of judgments concerning civil and commercial matters issued in another EU country.

About the jurisdiction of sale and supply of services agreements, remains in force the general rule stating that the competent jurisdiction is of the courts of the EU Member State in which the defendant is domiciled or, if it is a legal person, its seat.

There is also the alternative possibility to start the controversy before the court of the place where the obligation in question was or should be done

With reference to contracts of sale, the place of performance of the obligation is defined as "the place, situated in a Member State where the goods were delivered or should have been delivered under the contract". 

The European Court of Justice has issued the sentence dated on 25th February 2010 (Car Trim GmbH Vs Key Safety System Srl, Case C-381/08 EC) where it stated that when an agreement does not clearly describe the place of delivery of the goods sold, that place must be deemed to be that of the material delivery of the goods to the buyer (the place where the buyer acquires the availability of such material goods).

With reference to the execution of a judgment given in another EU Member State, the EU Regulation 1215/2012 has abolished the procedures in order to give enforceability (eg in Italy) the court decision rendered by a court of another EU Member State (as provided by the previous EU Regulation 44/2001); in fact, a judgment issued in a EU Member State which is enforceable in that Member State it is also enforceable in all other EU Member States without the required declaration of enforceability. 

It will be fit to simply notify the debtor of the judgment delivered in Italian by the court of another EU country and the certificate (ex art. 53 of Regulation (EU) 1215/2012) translated in Italian.

The party against whom enforcement is sought may optionally submit instance to the Italian competent court for the rejection of the execution.

Under the EU Regulation 1215/2012 also public acts and court settlements, enforceable in the Member State of origin, may be enforced in another Member State without the need to obtain a prior declaration of enforceability, it will be enough to get by the competent court in the Member State of origin, a certificate containing an executive summary of the obligation recorded in a public deed or as agreed between the parties and recorded in the court settlement.


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