Civil Jurisdiction and Judgments Act 1982

[F1 SECTION 2 U.K. ENFORCEMENT

Textual Amendments

F1 Sch. 1 substituted (1.1.2001) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 8(1), Sch. 1

Article 31 U.K.

A judgment given in a Contracting State and enforceable in that State shall be enforced in another Contracting State when, on the application of any interested party, it has been declared enforceable there.

However, in the United Kingdom, such a judgment shall be enforced in England and Wales, in Scotland, or in Northern Ireland when, on the application of any interested party, it has been registered for enforcement in that part of the United Kingdom.

Article 32 U.K.

1 U.K. The application shall be submitted—

• in Belgium, to the tribunal de première instance or rechtbank van eerste aanleg,

• in Denmark, to the byret,

• in the Federal Republic of Germany, to the presiding judge of a chamber of the Landgericht,

• in Greece, to the Μουομελες ΠρωτοδιΧειο,

• in Spain, to the Juzgado de Primera Instancia,

• in France, to the presiding judge of the tribunal de grande instance,

• in Ireland, to the High Court,

• in Italy, to the corte d'appello,

• in Luxembourg, to the presiding judge of the tribunal d'arrondisement,

• in the Netherlands, to the presiding judge of the d'arrondissementsrechtbank,

• in Austria, to the Bezirksgericht,

• in Portugal, to the Tribunal Judicial de Circulo,

• in Finland, to the Käräjäoikeus/tingsrätt,

• in Sweden, in the Svea hovrätt,

• in the United Kingdom—

  (a)

  in England and Wales, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates' Court on transmission by the Secretary of State;

  (b)

  in Scotland, to the Court of Session, or in the case of a maintenance judgment to the Sheriff Court on transmission by the Secretary of State;

  (c)

  in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates' Court on transmission by the Secretary of State.

2 U.K. The jurisdiction of local courts shall be determined by reference to the place of domicile of the party against whom enforcement is sought. If he is not domiciled in the State in which enforcement is sought, it shall be determined by reference to the place of enforcement.

Article 33 U.K.

The procedure for making the application shall be governed by the law of the State in which enforcement is sought.

The applicant must give an address for service of process within the area of jurisdiction of the court applied to. However, if the law of the State in which enforcement is sought does not provide for the furnishing of such an address, the applicant shall appoint a representative ad litem.

The documents referred to in Articles 46 and 47 shall be attached to the application.

Article 34 U.K.

The court applied to shall give its decision without delay; the party against whom enforcement is sought shall not at this stage of the proceedings be entitled to make any submissions on the application.

The application may be refused only for one of the reasons specified in Articles 27 and 28.

Under no circumstances may the foreign judgment be reviewed as to its substance.

Article 35 U.K.

The appropriate officer of the court shall without delay bring the decision given on the application to the notice of the applicant in accordance with the procedure laid down by the law of the State in which enforcement is sought.

Article 36 U.K.

If enforcement is authorized, the party against whom enforcement is sought may appeal against the decision within one month of service thereof.

If that party is domiciled in a Contracting State other than that in which the decision authorizing enforcement was given, the time for appealing shall be two months and shall run from the date of service, either on him in person or at his residence. No extension of time may be granted on account of distance.

Article 37 U.K.

1 U.K. An appeal against the decision authorizing enforcement shall be lodged in accordance with the rules governing procedure in contentious matters—

• in Belgium, with the tribunal de première instance or rechtbank van eerste aanleg,

• in Denmark, with the landsret,

• in the Federal Republic of Germany, with the Oberlandesgericht,

• in Greece, with the Εφετειο,

• in Spain, with the Audiencia Provincial,

• in France, with the cour d'appel,

• in Ireland, with the High Court,

• in Italy, with the corte d'appello,

• in Luxembourg, with the Court supérieure de justice sitting as a court of civil appeal,

• in the Netherlands, with the arrondissementsrechtbank,

• in Austria, with the Bezirksgericht,

• in Portugal, with the Tribunal de Relacção,

• in Finland, with the hovioikeus/hovrätt,

• in Sweden, with the Svea hovrätt,

• in the United Kingdom—

  (a)

  in England and Wales, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates' Court;

  (b)

  in Scotland, with the Court of Session, or in the case of a maintenance judgment with the Sheriff Court;

  (c)

  in Northern Ireland, with the High Court of Justice, or in the case of a maintenance judgment with the Magistrates' Court.

2 U.K. The judgment given on the appeal may be contested only—

• in Belgium, Greece, Spain, France, Italy, Luxembourg and in the Netherlands, by an appeal in cassation,

• in Denmark, by an appeal to the højesteret, with the leave of the Minister of Justice,

• in the Federal Republic of Germany, by a Rechtsbeschwerde,

• in Ireland, by an appeal on a point of law to the Supreme Court,

• in Austria, in the case of an appeal by a Revisionsrekurs and, in the case of opposition proceedings, by a Berufung with the possibility of a revision,

• in Portugal, by an appeal on a point of law,

• in Finland, by an appeal to korkein oikeus/högsta domstolen,

• in Sweden, by an appeal to Högsta domstolen,

• in the United Kingdom, by a single further appeal on a point of law.

Article 38 U.K.

The court with which the appeal under Article 37(1) is lodged may, on the application of the appellant, stay the proceedings if an ordinary appeal has been lodged against the judgment in the State of origin or if the time for such an appeal has not yet expired; in the latter case, the court may specify the time within which such an appeal is to be lodged.

Where the judgement was given in Ireland or the United Kingdom, any form of appeal available in the State of origin shall be treated as an ordinary appeal for the purposes of the first paragraph.

The court may also make enforcement conditional on the provision of such security as it shall determine.

Article 39 U.K.

During the time specified for an appeal pursuant to Article 36 and until any such appeal has been determined, no measures of enforcement may be taken other than protective measures taken against the property of the party against whom enforcement is sought.

The decision authorising enforcement shall carry with it the power to proceed to any such protective measures.

Article 40 U.K.

1 U.K. If the application for enforcement is refused, the applicant may appeal—

• in Belgium, to the cour d'appel or hof van beroep,

• in Denmark, to the landsret,

• in the Federal Republic of Germany, to the Oberlandesgericht,

• in Greece, to the Εφετειο,

• in Spain, to the Audiencia Provincial,

• in France, to the cour d'appel,

• in Ireland, to the High Court,

• in Italy, to the corte d'appello,

• in Luxembourg, to the Cour supérieure de justice sitting as a court of civil appeal,

• in the Netherlands, to the gerechtshof,

• in Austria, to the Bezirksgericht,

• in Portugal, to the Tribunal de Relacçço,

• in Finland, to the hovioikeus/hovrätten,

• in Sweden, to the Svea hovrätt,

• in the United Kingdom—

  (a)

  in England and Wales, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates' Court;

  (b)

  in Scotland, to the Court of Session, or in the case of a maintenance judgment to the Sheriff Court;

  (c)

  in Northern Ireland, to the High Court of Justice, or in the case of a maintenance judgment to the Magistrates' Court.

2 U.K. The party against whom enforcement is sought shall be summoned to appear before the appellate court. If he fails to appear, the provisions of the second and third paragraphs of Article 20 shall apply even where he is not domiciled in any of the Contracting States.

Article 41 U.K.

A judgment given on appeal provided for in Article 40 may be contested only—

• in Belgium, Greece, Spain, France, Italy, Luxembourg and in the Netherlands, by an appeal in cassation,

• in Denmark, by an appeal to the højesteret, with the leave of the Minister of Justice,

• in the Federal Republic of Germany, by a Rechtsbeschwerde,

• in Ireland, by an appeal on a point of law to the Supreme Court,

• in Austria, by a Revisionsrekurs,

• in Portugal, by an appeal on a point of law,

• in Finland, by an appeal to korkein oikeus/högsta domstolen,

• in Sweden, by an appeal to Högsta domstolen,

• in the United Kingdom, by a single further appeal on a point of law.

Article 42 U.K.

Where a foreign judgment has been given in respect of several matters and enforcement cannot be authorized for all of them, the court shall authorize enforcement for one or more of them.

An applicant may request partial enforcement of a judgment.

Article 43 U.K.

A foreign judgment which orders a periodic payment by way of a penalty shall be enforceable in the State in which enforcement is sought only if the amount of the payment has been finally determined by the courts of the State of origin.

Article 44 U.K.

An applicant who, in the State of origin has benefited from complete or partial legal aid or exemption from costs or expenses, shall be entitled, in the procedures provided for in Articles 32 to 35, to benefit from the most favourable legal aid or the most extensive exemption from costs or expenses provided for by the law of the State addressed

However, an applicant who requests the enforcement of a decision given by an administrative authority in Denmark in respect of a maintenance order may, in the State addressed, claim the benefits referred to in the first paragraph if he presents a statement from the Danish Ministry of Justice to the effect that he fulfils the economic requirements to qualify for the grant of complete or partial legal aid or exemption from costs or expenses.

Article 45 U.K.

No security, bond or deposit, however described, shall be required of a party who in one Contracting State applies for enforcement of a judgment given in another Contracting State on the ground that he is a foreign national or that he is not domiciled or resident in the State in which enforcement is sought.]