Use the Lexology Navigator tool to compare the answers in this article with those from other jurisdictions.
Recognition and enforcement procedure
What is the formal procedure for seeking recognition and enforcement of a foreign judgment?
A claimant must submit a request before the relevant court and enclose thereto the requisite documents. The court will deliver the request to the opposing party and summon the parties to a hearing, unless – according to the foreign judgment – the defendant agreed to the claim’s admission. The court may then ask the claimant to submit additional documents, in which case the rendering of the judgment will be postponed. If no additional documents are requested from the claimant, the judgment will be issued.
What is the typical timeframe for the proceedings to grant recognition and enforcement?
Three to four months is the typical timeframe for the proceedings to grant recognition and enforcement.
What fees apply to applications for recognition and enforcement of foreign judgments?
The judicial stamp fee for the recognition and enforcement of a foreign judgment is approximately €4. Other fees relate to authorised translations and lawyers’ fee, as well as the administration of evidence, as required.
Must the applicant for recognition and enforcement provide security for costs?
No, the applicant for recognition and enforcement does not have to provide security for costs.
Are decisions on recognition and enforcement subject to appeal?
Yes, decisions on recognition and enforcement are subject to appeal. A second appeal against the appeal court’s decision can also be submitted for limited reasons.
How does the enforcing court address other costs issues arising in relation to the foreign judgment (eg, calculation of interest, exchange rates)?
The enforcing court will establish the amount due in the national currency by applying the exchange rate applicable on the date on which the judgment became enforceable in the state that issued the foreign judgment. Until the date of the conversion, the interest generated by the amount determined in the foreign judgment is governed by the law of the court that issued the judgment.
Enforcement against third parties
To what extent can the courts enforce a foreign judgment against third parties?
Courts cannot enforce a foreign judgment against third parties. Further, foreign judgments concerning interim remedies, which usually establish obligations on third parties, are specifically exempted from recognition and enforcement.
Partial recognition and enforcement
Can the courts grant partial recognition and enforcement of foreign judgments?
Partial recognition and enforcement of foreign judgments can be granted if there are multiple heads of claim which can be dissociated.
Click here to view the full article.