THE CONCEPT OF A JUDGMENT UNDER THE BRUSSELS IBIS REGULATION

Abstract

The Brussels Ibis Regulation (hereinafter – the Regulation) established the free movement of judgments and mutual trust in civil and commercial matters among Member States. However, the Regulation does not provide a clear answer as to whether all decisions of the courts of Member States fall within the scope of this regulation. Although the Regulation introduces the concept of a judgment, it provides only a list of exemplary court documents, which is not exhaustive. This article analyzes the criteria by which the decisions of Member States must be evaluated to ensure their enforceability is recognized across borders. The article also suggests one broad interpretation of the requirement for a court decision to be rendered in adversarial proceedings in order to also include default judgments, court orders and court settlements therein. The author submits that only such a wide interpretation meets the goals of Regulation and is aligned with the political will it enshrines. Finally, the article analyzes whether the decisions of Member States made based on the decisions of third Statesor in matters of their recognition fall within the scope of application of the Regulation.

Keywords

• the concept of judgment
• brussels ibis regulation
• non-recognition and enforcement
• court order
• default judgment
• court settlement
• third country judgments