La ejecución forzosa de las resoluciones judiciales en el marco de los reglamentos europeos

Abstract

Enforcement of judgments still depends on national laws of Member States, but it is subject to certain conditions resulting from European Regulations. From a comparative study of the different Regulations, a series of common guidelines have been obtained which constitute a European minimum in the field of the enforcement. The coexistence of exequatur and direct enforcement affects procedural issues, but the grounds for refusal available on national law are the same in both cases. There are different standards of defense of the executed debtor, in particular a special protection under the Recast Brussels I Regulation. Finally, the implementation of the Regulations in Spanish law has some deficiencies that should be corrected.