Enforcement of foreign judgements in the European Union
Our Litigation Team is highly specialised in Enforcement of foreign judgements, in Italy, UK and Spain.
Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters lays down the rules governing the jurisdiction of courts in civil and commercial matters.
The enforcement of judgments has to be dealt with by the courts of the EU country in which the judgement is to be enforced.
"Judgement" means any judgement given by a court or tribunal of an EU country, whatever the judgement may be called, including a decree, order, decision or writ of execution. Under no circumstances may a foreign judgement be reviewed as to its substance.
Once the Judgement has been declared enforceable in the EU country in which the judgement is to be enforced, enforcement will follow the rules of this country.
Enforcement of a foreign judgment in Italy
Enforcement of a foreign judgement in Italy is to be applied for at the Court of Appeal. If the application is not contested, after 30 days the creditor can start the enforcement proceeding.
After 10 days from the service of a formal request of payment, called “atto di precetto”, the creditor can apply for seizure of the debtor’s assets, movable or immovable so as of his bank accounts.