Regulation 1215/2012 seeks to facilitate access to justice, in particular by providing the rules on the jurisdiction of the courts and the rules on a rapid and simple recognition and enforcement of judgments in civil and commercial matters given in the Member States.
The Regulation replaces Regulation 44/2001 (the Brussels I Regulation) which, however, continues to apply to proceedings instituted before Regulation 1215/2012 comes into application on 10 January 2015 (for further details see Article 66 of Regulation 1215/2012).
The Regulation applies between all Member States of the European Union including Denmark which has concluded the 2005 Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. The necessary legislative amendments in Denmark already entered into force on 1 June 2013.
The Regulation determines the courts of which Member State have jurisdiction to decide on a civil and commercial dispute where there is an international element.
The Regulation further provides that a judgment given in a Member State shall be recognised in the other Member States without any special procedure being required.
A judgment given in a Member State and enforceable in that State shall be enforced in another Member State without any declaration of enforceability being required.
The Regulation provides for two forms, namely, the certificate concerning a judgment and the certificate concerning an authentic instrument/court settlement.
In accordance with the Regulation, the Member States have notified the competent courts to which the application for refusal of enforcement has to be submitted and the courts competent to deal with the appeals. Please select the relevant country's flag to obtain detailed national information.
In accordance with Article 26(2), for certain matters, the court shall, before assuming jurisdiction, ensure that the defendant is informed of his right to contest the jurisdiction of the court and of the consequences of entering or not entering an appearance". For that purpose, the European Judicial Network in civil and commercial matters established a non-mandatory standard text containing the information which the court could use to fulfil its obligation to provide to the defendant with the information pursuant to Article 26(2) of the Regulation.
The European e-Justice Portal provides you with information concerning the application of the Regulation and a user-friendly tool for filling in the forms.
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
Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, OJ, 2005 11 16, L299.
The enforcement atlas, developed by an EU funded project, provides information on the enforcement procedures (procedures, requirements, competence, costs and timing) in the enforcement systems of the EU countries and of the UK.
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