A more streamlined process

The procedure resulted in unnecessary high costs for both the judiciary and citizens.[1] Considering that the creditor would have to spend time and money on translations, court fees, legal counselling, expenses to serve the declaration and enforceability and furthermore, it brought no additional value for the administration of justice.[2] One can argue that the free circulation of judgements harbours an the objective of private international law, protecting a judgement obtained in a foreign states legal system. The Commission stated these concerns in 2010,[3] and wanted to clear this hurdle. It was difficult to justify making individuals and organisations undergo these expensive formalities and lengthy procedures to assert their rights abroad within the internal EU market without frontiers.[4]

The recast now introduces a more streamlined process[5] and fits in with the Commissions objective to cut unnecessary red tape in line with the principle of mutual recognition.[6] Article 36 of the Recast[7] mirrors Article 33 of the previous Regulation.[8] In the previous Regulation, a judgement creditor only needed to apply to the member state court where he wished to enforce the judgement as a preliminary step,[9] however, this is no longer the case under the Recast. The new Regulation has improved this procedure by eliminating the need for the first instance procedure and maintaining the remedy without any loss. As Schramm [10] argues, there is no reason to justify keeping the exequatur procedure as its purpose is achieved by other means.[11] The new rule stipulates that a judgement which is concluded in one member state shall be carried over in other member states within the EU without the declaration of enforceability with the exception of two cases.[12]

[1] In an ordinary case the costs for an exequatur procedure ranges from 1.100 to 4.000 Euros and can up to 4 months.

[2] Peter Arnt Neilsen, ‘The New Brussels I Regulation’ (2013) 50 CML Rev 503

[3] European Commission, “Proposal for a Regulation of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters” COM (2010) 748 final, 3–4.

[4] Paul Beaumont & Emma Johnston, ‘Can Exequatur be Abolished in Brussels I Whilst Retaining a Public Policy Defence? (2010) Journal of Private International Law 249 (Abogados de accidentes)

[5] Peter Arnt Neilsen, ‘The New Brussels I Regulation’ (2013) 50 CML Rev 503

[6] random article

[7] 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.

[8] A member states judgement shall be recognised without the requirement of special procedure( add real citation)

[9] 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 38,39,40

[10] ibid

[11] ibid

[12] Defamation and collective redress cases