16 January 2013-Brussels I Revised

The Council of EU Justice Minister has on 10 December 2012 agreed to adopt the revision of Regulation (EC) 44/2001. This important Regulation, which came into force on 1 March 2002, legislates for jurisdiction issues and the recognition and enforcement of judgments in Civil and Commercial matters within Europe.

By adopting Regulation (EC) 1215/2012, effective from 10 January 2013 and which will apply as of 20 January 2015, a number of issues have been simplified which were long criticised amongst practitioners. 

Most importantly, the exequatur procedure will be removed. This procedure, which is still necessary until 2015, requires for the enforcement of a judgment, a declaration of enforcement from the competent court in the Member State in which the judgment is to be enforced This procedure, with which we are familiar, can be complicated, costly and time consuming. Its abolition is intended to make enforcement and the circulation of judgments within the European Union a lot easier and faster.

For our international clients this means that from January 2015 therefore the enforcement of a foreign judgment in Ireland will be less costly and more efficient. It will have to be seen how these changes are implemented by the court administration in Ireland but we should expect a considerable easing in dealing with such enforcement processes.

If you require any advice and support with enforcing your judgment in Ireland, please contact us.