Italiano
български
22.02.2024
Many persons and juridical entities are forced to proceed with a foreign judgment enforcement in Italy.
What is the procedure?
According to articles 64 and 65 of Law n. 218 from 31.05.1995 the foreign judgments are recognized in Italy without the need of any specific proceeding. This automatic recognition, however, is conditioned by some essential requirements that the foreign judgment must respect. In particular, the jurisdictional competence compliance, the right to a defense compliance and the regularity of the cross-examination, the judgment finality, non-contradiction to another sentence issued in Italy, the absence of lis pendens and the non-contravention of Italian public order.
The foreign decisions relating to the capacity of persons, as well as the existence of family relationships or personality rights, are also recognized in Italy as long as they are not contrary to public order and the essential rights of defense have been respected.
The Regulation (EU) n. 1215/2012 of the European Parliament and of the Council of 12 December 2012 regulates the recognition and enforcement of decisions in civil and commercial matters.
However, it does not apply to family law, bankruptcy, inheritance issues and other specific matters listed in it, such as social security and arbitration.
The key principle also according to the community regulations is that a judgment issued in a member country will be recognized in other EU countries without any specific procedure being necessary. If the decision is enforceable in the country of origin, it is also enforceable in the other EU countries without the need for a further declaration of enforceability.
To initiate an enforcement proceeding in Italy the interested party must request a specific certificate in the country of origin as provided by the Regulation annexes and then proceed with its notification in Italy.
When it comes to the recognition and enforcement of decisions in matrimonial matters and in matters of parental responsibility it is applicable the Regulation (EC) n. 2201/2003.Also in this field the general rule provides that the recognition of decisions is automatic.
However, when it comes to decisions relating to the parental responsibility the latter cannot be implemented without the declaration of enforceability issued pursuant to art. 28 at the request of the interested party. The enforceability of the foreign decision in these cases is proven by attaching the related certificate issued pursuant to the art. 39.
Conclusions:
1. If it is necessary to enforce in Italy a judgment issued by a Court of a EU member state, the only step before its execution is to obtain the attachments, as provided by the Community Regulations. Once this documentation has been obtained, it is possible to proceed with the forced execution according the Italian law.
2. If the interested party needs to enforce in Italy a judgment issued by a Court of a non-EU country, the Italian private international law applies and it is necessary the establishment of an ad hoc procedure in order to demonstrate the existence of the necessary requirements if necessary and to obtain the recognition and enforceability provision from the Italian Court on the basis of which can be promoted an forced execution.
