Easier Enforcement Within Europe from 2015

As of 10 January 2015, the new “Regulation (EU) No. 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters” enters into force (Brussels Ia Regulation, also known as the Brussels I Regulation). The new Brussels Ia Regulation will not only make enforcement within Europe easier in the future, but will also significantly strengthen the effect of jurisdiction agreements.

For the first time, creditors will be able to enforce their judgments in another Member State without first having to apply for a declaration of enforceability. Before the reform, creditors first had to apply to the foreign court or enforcement authorities, each of which had its own procedure (Article 38 Brussels I Regulation). As of 10 January 2015, this procedure will no longer apply. Under the new Article 39 of the Regulation, any final judgment delivered by a court of one Member State is enforceable in every other Member State. In future, creditors will therefore be able to enforce their claims within the EU more quickly and at lower cost.

So-called torpedo actions are deprived of their basis
The most significant innovation for litigation strategy is probably the rule under which so-called “torpedo actions” will no longer be able to torpedo proceedings. “Torpedo actions” are actions deliberately brought, contrary to a jurisdiction agreement, before slow-moving courts lacking jurisdiction in order to delay a decision on the merits by the competent court. The reform now removes the basis for this litigation tactic: as soon as the agreed court has been seised, the court first seised must stay its proceedings (Recital 22 of the new Regulation).