jueves, 18 de junio de 2015

EXEQUATUR ABOLISHMENT

At the beginning of this year, the new Brussels II bis Regulation was put into effect suspending the exequatur procedure as regards to the recognition and enforcement of judgements beginning on January 10th 2015.

This new regulation assumes that all judicial decisions enforced in a Member State shall also be enforced in other Member States without any need for a declaration of enforceability and they shall be implemented in other Member State countries as if it were a national judgement.

This new regulation opens doors to the free movement of court order and non-judicial decision enforcement througout the Union.  Due to this, the way to oppose or appeal the recognition and enforcement of judgements will vary.  You should not submit aa written appeal, but rather you should file a request for review before the same administrative body to which the request was presented. Doing it this way will not prohibit you from submitting future appeals.  In turn it may prevent you from having to submit an appeal before the Provincial Court when the problem could have been resolved in the Court of First Instance (aka the general court).  This would be a much simpler way to go about resolving your case.


Translated by: Katherine Pascal


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