According to the Italian Law 218/1995, containing the discipline of Private International Law, the recognition of the foreign judgment and provision without the need to perform any procedure, although with some limitations.
Title IV of Law no. 218, dedicated to “effectiveness of foreign judgments and acts”, specifies the discipline in articles 64 to 71.
Article 64, relating to the recognition of foreign judgments, provides that the foreign judgment is recognized in Italy without the need to resort to any procedure when:
a) the judge who pronounced it could know of the case according to the principles of jurisdictional competence of the Italian legal system;
b) the introductory act of the trial was brought to the attention of the defendant in accordance with the provisions of the law of the place where the trial took place and the essential rights of the defense were not violated;
c) the parties have appeared in court according to the law of the place where the trial took place or the default was declared in accordance with that law;
d) it has become res judicata according to the law of the place where it was pronounced;
e) it is not contrary to another judgment pronounced by an Italian judge which has become res judicata;
f) a trial is not pending before an Italian judge for the same object and between the same parties, which began before the foreign trial;
g) its provisions do not produce effects contrary to public order.
Article 65, on the other hand, providing for foreign “provisions”, establishes that foreign provisions relating to the capacity of persons, as well as the existence of family relationships or personality rights, have effect when they have been pronounced by the authorities of the State whose law is referred to by the provisions of (Italian) Law 218/1995 or produce effects in the legal system of that State, even if pronounced by authorities of another State, provided that they are not contrary to public order and the essential rights of defense.
In the European context, Regulation (EC) 44/2001 (Brussels I) was initially adopted, which was based on the cardinal principle, coinciding with that contained in the (Italian) Law 218/1995, according to which a judgment pronounced in a Member State , must be recognized in other Member States, without the need for any special procedure.
With effect from 10 January 2015, Regulation (EC) no. 44/2001 was replaced by Regulation (EU) no. 1215/2012, which provides for the recognition and enforcement of judgments in civil and commercial matters regarding jurisdictional competence.
The EU Regulation 1215/2012 updates the previous EC Regulation 44/2001 on jurisdiction, with the aim of making it easier to circulate decisions in civil and commercial matters within the European Union, in application of the principle of mutual recognition.
The regulation applies in civil and commercial matters and does not apply, however, to family law, bankruptcy, succession matters and other matters listed in the regulation, such as social security and arbitration.
Having abolished the “exequatur” procedure contained in the “Brussels I” regulation, now a decision made in one country of the European Union will be recognized in other countries of the European Union without the need to resort to any specific procedure. If a judgment is recognized as enforceable in the country of origin, it will be enforceable in other EU countries, without the need for any declaration of enforceability.
Miotti Law firm offers assistance in recognition and enforcement of foreign judgments in Italy, about civil and commercial disputes, marriages and divorces, family matters, inheritance, torts, real estate, intellectual property, child adoption, and any other international issue.