Brussels I bis

Article 39

Untitled

A judgment given in a Member State which is enforceable in that Member State shall be enforceable in the other Member States without any declaration of enforceability being required.

Holdings

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C-568/207 Apr 2022

J v H Limited

Under Article 2(a) and Article 39 of Regulation (EU) No 1215/2012, an order for payment made by a court of a Member State on the basis of final judgments delivered in a third State counts as a judgment and is enforceable in the other Member States, provided it was made at the end of adversarial proceedings in the Member State of origin and was declared enforceable there. Even so, the party against whom enforcement is sought may still apply, pursuant to Article 46, for refusal of enforcement on one of the grounds referred to in Article 45.