La ejecución sin exequátur. Reflexiones sobre el Reglamento Bruselas I bis, Capítulo III

Abstract

EU Member State judgments in civil and commercial matters, consequent to cross-border claims, lodged on or after 10 January 2015, will shortly be recognized and enforced in accordance with Chapter III of the Recast Brussels I Regulation. Since the Commission’s proposals for the reform of the Brussels I Regulation in 2010, the most controversial feature of the new system has been the abolition of exequatur as a procedure for validating foreign decisions before they can be declared enforceable. However, the introduction of this solution has given way to new concerns, namely, the conflicts that might arise in the interaction of an incomplete and vague regulation with the inherently complex and highly diverse national rules and practices relating to enforcement in civil and commercial matters. The courts and practitioners will soon be faced with difficulties with potentially negative effects on the further development and promotion of cross-border trade and business should not be underestimated.