Brussels Ia – “Comparative study on the enforcement of judgments and authentic instruments in Europe ”
The aim of the project, which was co-funded by the European Union, was to lead a comparative study on the application of European Regulation 1215/2012 of 12 December 2012 on the recognition and enforcement of judgments in civil and commercial matters (known as ‘Brussels Ia’) by Bailiffs and notaries in the following Member States: Belgium, France, Germany, Hungary, Italy, Luxembourg, Poland, Portugal and Spain.
The study’s approach was threefold:
- first on the application in concreto of the Brussels Ia Regulation and the differences in application compared to Regulation 805/2004 creating a European Enforcement Order for uncontested claims (know as ‘European Enforcement Order’);
- second on the specificities of the national procedural systems, from a legal standpoint, and the differentiating factors in the EU Member States;
- third on the existing tools in terms of electronic communications, so as to offer legal practitioners the possibility to conduct paperless exchanges of acts.
The recommendations in the report’s conclusions relate to:
- The harmonisation of terminology used in European regulations
- The determination of how interest is calculated (the problem of determining interest is crucial for legal practitioners)
- The electronic archiving of judgments
- Communication and training on the Brussels Ia Regulation
Download the final repport