Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (HCCH 2019 Judgments Convention)

KEY POINTS

Recognition of judgments in EU law

Prior to this convention, the EU had already adopted a number of instruments concerning the recognition of judgments in civil and commercial matters:

• the Brussels I regulation concerning, among other things, a circulation of judgments between EU Member States – Regulation (EU) No 1215/2012 (see summary);
• the Lugano Convention signed with Iceland, Norway and Switzerland (see summary);
• the Choice of Court Convention (see summary).

Scope

• This convention applies to the recognition and enforcement of judgments in civil or commercial matters but does not extend, in particular, to revenue, customs or administrative matters.
• Other excluded matters are listed in Article 2 of the convention.
• In addition, the EU has excluded by a declaration the application of the convention to non-residential leases (tenancies) of immovable property situated in the EU.

Recognition and enforcement

• A judgment that falls within the scope of the convention and was given by a court of one party to the convention (state of origin) must be recognised and enforced in another (requested state).
• The convention provides a minimum standard for the circulation of judgments among the parties to the convention. The convention does not prevent its contracting parties from also recognising and enforcing under national law other judgments that do not fall under the scope of the convention, except in situations defined in Article 6 of the convention.
• Under the HCCH 2019 Judgments Convention, a judgment is recognisable and enforceable in other contracting parties if it was given by a court that was competent in accordance with Article 5 of the convention.
• A judgment must be recognised only if it has effect in the state of origin, and must be enforced only if it is enforceable in the state of origin.
• Recognition or enforcement may be refused only on the grounds specified in the convention. These include, for instance, if the judgment:
  • was obtained by fraud; or
  • is inconsistent with a judgment given by a court of the requested state in a dispute between the same parties.
• The party seeking recognition or applying for enforcement is required to produce certain documents, including a complete and certified copy of the judgment (if the documents are not in the language of the requested state, they must be accompanied by a certified translation).
• The procedure for recognition, declaration of enforceability or registration for enforcement, and the enforcement of the judgment, are governed by the law of the requested state unless the convention provides otherwise. The court of the requested state cannot refuse the recognition or enforcement of a judgment on the basis that recognition or enforcement should be sought in another state.