Brussels I bis

Article 46

Untitled

On the application of the person against whom enforcement is sought, the enforcement of a judgment shall be refused where one of the grounds referred to in Article 45 is found to exist.

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.