Remedies Concerning Enforcement of Foreign Judgements: Brussels I Recast

Vesna Rijavec · Wendy Kennett · Tomaž Keresteš · Tjaša Ivanc

Sep 2018 · Kluwer Law International B.V.

About this ebook

Brussels I Recast (Regulation No 1215/2012 on the recognition and enforcement of judgments in civil and commercial matters) is intended to simplify and expedite cross-border enforcement of debts. However, some existing issues remain unresolved, and new ones have already been identi?ed since the Regulation entered into force in 2015. This collection of expert essays, the ?rst book to focus systematically and comprehensively on the area of remedies in the light of Brussels I Recast, offers detailed analyses of inherent problems and includes practical hypothetical cases illustrating major issues and how they may be resolved.

The aspects covered by the contributors – all well-known academics, lawyers, and judges from different EU Member States – include the following:

– grounds for refusal of recognition and enforcement; – certi?cation of enforceability and timely service of the certi?cate; – adaptation of enforcement measures that are determined in the judgment but are not known in the Member State of enforcement; – effect of requesting a translation of the judgment; – ?nancial implications of remedies; and – provisional measures and their role in a timely protection of rights.

Because the success of Brussels I Recast depends on a very unpredictable implementation into national systems, the extent to which national barriers represent obstacles to fair and ef?cient judicial protection is thoroughly examined. A very useful concluding chapter presents practical cases highlighting the most important, as well as problematic, issues concerning enforcement of foreign judgments.

The in-depth analyses conducted by the contributors clearly de?ne serious obstacles and propose solutions that will lead to better implementation of Brussels I Recast, better protection of party's rights, and further harmonisation in this ?eld of civil justice. This book is sure to be of exceptional value to counsel for multinational enterprises, EU and Member State legislators, enforcement agencies, and academics worldwide.

About the author

Prof. Dr Vesna Rijavec is Dean of the Faculty of Law, University of Maribor, and Head of the Institute of Civil, Comparative and Private International Law of the Faculty of Law, University of Maribor. Her areas of expertise are Civil Procedure, Succession, Family Law, Non-Contentious Civil Procedure and Law of Arbitration, which she teaches on graduate and post-graduate level. Prof. Dr Vesna Rijavec obtained her PhD from the Faculty of Law, University of Ljubljana in 1997. She was a judge for civil matters at the court of justice in Maribor and has worked at the Faculty of Law, University of Maribor since 1992. Since 2007, she has been holding a position of a Full Professor for Civil law. As a visiting professor she taught at the renowned foreign universities all around the world. She was a member of Judicial Council of Republic of Slovenia and is a member of the Board of Ljubljana Arbitration Center at the Chamber of Commerce and Industry of Slovenia and she is the court appointed interpreter for German Language. Furthermore, she is very active in research and international cooperation and was a coordinator of a number of successfully implemented EU and national projects (e.g., Reform of Non-Contentious Procedure, Simplification of Debt Collection in the EU, Dimensions of Evidence in European Civil Procedure). She is the author of numerous scientific and expert discussions, articles and monographs in the area of civil procedural law in connection with different substantive areas and European law. Dr Wendy Kennett works as Senior Lecturer of Law of the School of Law and Politics at Cardiff University. She completed her undergraduate study at New Hall, Cambridge and postgraduate study as a William Senior student at Clare College. Dr Wendy Kennett obtained her doctorate in 1989 at Cambridge University. She taught at universities of Nottingham, Cambridge, and Keele and University of Central Lancashire, Cyprus. Her expertise areas are international and comparative civil procedure, with a particular focus on the enforcement of judgments, international and comparative dispute resolution and the historical, cultural and structural differences between legal systems.