Effects of judgments in cross-border perspective

Kennett, Wendy ORCID: https://orcid.org/0000-0003-2700-993X 2023. Effects of judgments in cross-border perspective. Rijavec, Vesna, Kennett, Wendy, Keresteš, Tomaš and Ivanc, Tjaša, eds. Diversity of Enforcement Titles in the EU, Cham, Switzerland: Springer, pp. 173-194. (10.1007/978-3-031-47108-7_7) Item availability restricted.

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Abstract

This chapter is concerned with the enforceability effects of judgments within the scope of the Brussels I bis Regulation. It examines how far enforcement action is authorised, or may be delayed or stayed, following the issue of a judgment at first instance: a judgment that may later be revised or quashed. Although the starting point is that a judgment should be final before it can be enforced, in practice Member States provide for the provisional enforceability of judgments under certain circumstances even before they become final. This chapter first provides a comparative overview of the provisional enforceability of judgments under the national laws of selected Member States. In particular, it looks at the role of the certificate of enforceability required by national laws before enforcement can take place, and it explores how far the certificate is relevant to the material enforceability of the judgment. The paper then explores some of the problems that arise in cross-border cases with respect to the certificate of enforceability provided for by Art. 53 of Brussels I bis. There is a growing case law concerning the role and effects of the certificate. National expectations as to the enforceability effects of judgments and the functions of a certificate of enforceability may help to explain the interpretative difficulties that have arisen.

Item Type:	Book Section
Date Type:	Publication
Status:	Published
Schools:	Law Cardiff Law & Politics
Subjects:	K Law > K Law (General)
Publisher:	Springer
ISBN:	9783031471070
Funders:	EU Justice Programme
Date of First Compliant Deposit:	22 April 2024
Last Modified:	30 Apr 2024 11:33
URI:	https://orca.cardiff.ac.uk/id/eprint/168211

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