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Our law firm Navas & Cusí with offices in Madrid and Barcelona has a multidisciplinary character and with an international vocation (based in Brussels), specializes in banking, financial and commercial law.
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One of the principal goals of the European Union is ensure the consumer’s protection and set throughout the European Territory a common legal and judicial security for all the citizens. With that objective, it was issued the Regulation 1215/2017 which talks about de international jurisdiction and Recognition and enforcement of judgements.

The procedure

This Regulation talks about the procedure to be followed and the legal requirements that the foreign sentence needs be applicate and executed in a member State. For example, it is necessary provide a copy of the sentence with all the elements to consider it authentic, a certificated of the original court according to the annex 1 of the Regulation, and it is recommendable too, a translation of sentence and the certificate. This translation must be in the language of the national country where we want to recognize our sentence. If a foreign person (from Germany, Belgium, France, etc) wants to execute the sentence, he will submit a copy of the sentence and the certificate of their national Court, and an optional translation in Spanish.

The suspension or denial of the Recognition and enforcement

However, it is possible suspend the procedure, if it appears some specific circumstances as the challenge of the original judgement (or the existence of lis pendence), a recognition that be it against the public order, or a resolution in a default of the defendant without a legal notification. Finally, in the case of a resolution opposite to a resolution with the same parties of the own Member State or other of the EU, the recognition or the enforcement will be reject it.

Non-resident citizens

The own Normative pretends protect the judicial rights of those people, who doesn´t have residence, domicile, and not be nationals of the Member State where it is pretended execute the sentence. The legislator make sure about this propose, forbidding any petition of economical guarantee to that person who wants to recognize or execute the sentence in the Member State without residence, domicile, or nationality.

Defence and consultancy

If it is performing an incorrect or illegal enforcement, the regulation establishes a procedure to protect it of the execution of the sentence that not has had respect to de rights and duties of the parts.

In the case that you need to recognize or enforcement a sentence of State Member to other State Member, solve any doubt about international implementations or fend from an international enforcement, you can call us to resolve any doubt .

Navas & Cusí Abogados
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