Brussels I Regulation states that “a judgment given in a Member State shall be recognised in the other Member States without any special procedure being required. ” As one may observe this provision establishes the principle of automatic recognition. However, Magnus et al. draw attention that such principle does not mean that judgment made in a Member State will be treated the same as the domestic judgment. The authors also explain the nature of automatic recognition: “a party, who wishes to rely on foreign judgment must not undergo some formal procedure or have the judgment be registered in the other Member State prior to relying on foreign judgment.
” The Regulation foresees cases, when judgment may not be recognized: if it expressively contradicts with the public policy of Member State in which recognition is sought; “where it was given in default of appearance, if the defendant was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable him to arrange for his defence, unless the defendant failed to commence proceedings to challenge the judgment when it was possible for him to do so”; if it can not be reconciled with a judgment granted in a dispute between the same parties in the Member State in which recognition is sought; if it can not be reconciled with an earlier judgment granted in another Member State or in a third State involving the same cause of action and between the same parties, provided that the earlier judgment fulfils the conditions necessary for its recognition in the Member State.
Addressed; and if it contradicts with agreement undertaken by Member States prior to entry in force of the Regulation or with special jurisdiction provisions of the Regulations. Brussels I Regulation states that judgment granted in Member State and enforceable in that State should be enforced in another Member State upon the application of interested party, it has been declared enforceable there. Thus, one may observe that enforcement concept employs the principle of declaration of enforceability. For the enforcement in the UK the judgment should be not only declared, but also registered for the enforcement.
Article 39 of the Regulation reveals that enforcement, first, conducted through the application to the court or competent authority. Interestingly that this provision does not clarify in court of which state such application should be made. The application procedure is governed by the legislation of Member State, in which enforcement is sought. The second phase of enforcement process is declaration of enforceability. The language of Article 42 does not clearly indicates the court of which country is entitled to declare the enforceability, but within the context of the Regulation, it is made by the court of Member State, in which enforcement is sought.