A commercial claims value

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A commercial claims value is measured is only measured whether it can be enforced or not. A courts judgement for the judgement-creditor will decrease in its value if the decision is met with difficulty and delays. Against this backdrop, it is clear that commercial claims in cross-border cases can significantly impact businesses who conduct their business worldwide.[1] Therefore, within the EU there have been proposals for certain improvements with the revised Regulation.[2] The new procedure has now completely abolished the requirement of exequatur. This amendment has been long debated since the 1994[3] and as a result, claims up to €2000, claims in regards to family maintenance and uncontested claims are no longer needed. This was highlighted in the Abogados de accidentes de carro case.[4] This introduced an important change as with the abolition of exequatur, the declaring procedure in order to make a judgement enforceable in another Member State has been withdrawn.[5] Therefore, recognition is now automatic.

[1] Dorothee Schramm, ‘Enforcement and the Abolition of exequatur under the 2012 Brussels I Regulation’ (2014) Journal of Private International Law 143

[2] 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 (recast), OJ L 351/1, 20 December 2012.

[3] Tampere European Council, Presidency Conclusions, 15 and 16 October 1999 <http://www.europarl.europa.eu/summits/tam_en.htm> accessed 28/3/2017

[4] Dorothee Schramm, ‘Enforcement and the Abolition of exequatur under the 2012 Brussels I Regulation’ (2014) Journal of Private International Law 143

[5] 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 (recast), OJ L 351/1, 20 December 2012, Article 36, “A judgment given in a Member State which is enforceable in that Member State shall be enforceable in the other Member States without any declaration of enforceability being required.”