20 Oct Do I have to make any special procedures to execute in Spain a judgement of a court in another country in Europe?
When in January 2015 the Regulation (EU) 1215/2012 on the recognition and enforcement of judgments in civil and commercial matters within the European Union came into force, In articles 36 and 37 reads the following:
<Member State shall be recognised in the other Member States without the need for any procedure >>
The party wishing to invoke in a Member State a decision issued in another Member State shall present:
(a) A copy of the resolution, which meets the necessary requirements to be considered authentic, and
(b) The certificate issued according to art.53
The execution of the resolution shall be immediately granted after the formalities have been fulfilled, without any examination.
Thereafter, the exequatur procedure disappears in cases of sentences within the EU in order to expedite justice and the invocation of sentences dictated in other Member States.
BUT two fundamental points are to be clear:
There is a possibility that the immediate procedure contained in this Regulation (EU) 1215/2012 should be suspended in the constraints marked by its own article 38: ‘ The court or authority in which a decision is invoked in another Member State may suspend the proceedings, in whole or in part if: (a) The decision is challenged in the Member State of origin, or (b) a resolution is requested by any of the litigants declaring that there is no reason to refuse recognition under article 45, or a resolution That recognition should be refused for any such reason. ‘
The fact that the exequatur procedure does not already apply in this particular situation does not mean that it has disappeared. The procedure for declaring in the main title the recognition of a foreign judicial decision and, where appropriate, to authorize its implementation remains this and remains in force on many other occasions as can be seen for example in law 29/2015 of 30 July, international legal cooperation in civil matters or other laws relating to international trade not regulated by superior treaties.