Ministers of Justice adopt Brussels I Reform

posted in: EU news

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Following the example of the European Parliament, the Council of Ministers has definitively adopted the Regulation reforming the 2001 legislation known as "Brussels I". The aim of this Regulation was to facilitate judicial cooperation in civil matters within the EU by identifying the most appropriate court for dealing with cross-border disputes. It ensured the recognition and enforcement of judgments and authentic instruments issued in another Member State.

The main change is that the new Regulation abolishes the exequatur procedure, except in cases where this would be manifestly contrary to public policy (see Article 58 of the text for this with reference to authentic instruments). Thus, pursuant to Article 60 of the adopted text, a certificate shall be established at the request of the competent authority in the Member State of origin. This certificate will contain a summary of the enforceable obligation recorded in the authentic instrument, or a summary of the agreement between the parties recorded in the court settlement. 

Thus, pursuant to Article 60 of the adopted text, a certificate shall be established at the request of the competent authority in the Member State of origin. This certificate will contain a summary of the enforceable obligation recorded in the authentic instrument, or a summary of the agreement between the parties recorded in the court settlement.

The CNUE welcomes the adoption of this new Regulation, which will make proceedings faster and less expensive for European citizens.

Click here to see the adopted text

Click here to see the CNUE's position paper of 4 March 2011