CENTRE OF RESEARCH ON DOMESTIC EUROPEAN AND TRANSNATIONAL DISPUTE SETTLEMENT
CENTRE OF RESEARCH ON DOMESTIC EUROPEAN AND TRANSNATIONAL DISPUTE SETTLEMENT

CJEU on Articles 2 and 39 Brussels I bis

The Court of Justice delivered on 7 April 2022 its judgment in case C‑568/20 (J v H Limited), which is about Brussels I bis. It stated:

Article 2(a) and Article 39 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that an order for payment made by a court of a Member State on the basis of final judgments delivered in a third State constitutes a judgment and is enforceable in the other Member States if it was made at the end of adversarial proceedings in the Member State of origin and was declared to be enforceable in that Member State. The fact that it is recognised as a judgment does not, however, deprive the party against whom enforcement is sought of the right to apply, pursuant to Article 46 of that regulation, for a refusal of enforcement on one of the grounds referred to in Article 45

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