Dr Marek Porzycki
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Brussels Convention on Jurisdiction and the Enforcement of
Judgments in Civil and Commercial Matters (1968) – Member
States of the EEC/EC
Lugano Convention (1988) – a parallel convention applicable
between EEC/EC Member States and certain EFTA states and
subsequently also Poland (from 2000)
Regulation (EC) No 44/2001 (Brussels I) replaced the Brussels
Convention between EU Members States (except Denmark)
2007 – a revised Lugano Convention between the EU, Denmark,
Iceland, Norway and Switzerland
currently in force: Regulation (EU) No 1215/2012 of 12
December 2012 on jurisdiction and the recognition and
enforcement of judgments in civil and commercial matters
(recast) („Brussels Ia”)
background in primary EU law: judicial cooperation in civil
matters within the meaning of Art. 81 TFEU
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judgments from EU Member States except
Denmark: Regulation „Brussels Ia”
additional detailed provisions in Art. 115313 – Art.
115325 of the Polish Code of Civil Procedure
judgments from Denmark, Iceland, Norway
and Switzerland – Lugano Convention 2007
judgments from other countries – Art.
1145-1152 of the Code of Civil Procedure
of 17 November 1964
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„civil and commercial matters whatever the
nature of the court or tribunal” (Art. 1(1))
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revenue, customs or administrative matters
liability of the State for acts and omissions in
the exercise of State authority
family law, including maintenance (
Regulation (EC) No 4/2009)
insolvency proceedings ( Regulation (EC) No
1346/2000)
arbitration ( 1958 New York Convention)
social security
succesion law
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free circulation of judgments
direct enforcement of judgments issued in
other Member States without a declaration of
enforceability  abolition of exequatur (by
„Brussels Ia” in 2012)
rights of the defence – possibility to apply for
a refusal of recognition or enforcement on
certain grounds
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rule: courts of the Member State where the
defendant is domiciled (Art. 4)
exceptions – Art. 7 – 26, e.g.:
place of performance of an obligation
specific rules for consumer contracts  also
the consumer’s domicile
employment contracts  also the employee’s
habitual place of work
immovable property or tenancies – place
where the real estate is located
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principle: recognition without any special
procedure being required (Art. 36(1))
an interested party may apply for a decision
conforming that there are no grounds to refuse
recognition
refusal of recognition (Art. 45):
public policy clause
judgment given in default of appearence with no
possibility given to the defendant to defend himself
the judgment is irreconcilable with another
judgment between the same parties
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enforcement in other Member States without
any declaration of enforceability (Art. 39) 
no exequatur needed
major change introduced by „Brussels Ia”, as
Regulation No 44/2001 („Brussels I”) required
exequatur
enforcement under the same conditions as a
local judgment
no postal address or authorised
representative needed in the Member State
where enforcement is sought
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Example in Polish law: notarized act by which
the debtor has made himself subject to
enforcement
Art. 58 of „Brussels Ia” – such instrument is
enforceable in other Member States with no
further formalities (no exequatur) if it is
enforceable in the state of origin
refusal possible on grounds of public policy
only
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on the same grounds as refusal of
recognition (Art. 46)
on application of the person against whom
the enforcement is sought
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issued by the court issuing a judgment on a
form specified in an annex to the Brussels Ia
Regulation
needed to invoke the judgment in other
Member States (Art. 37(1)(b)) or enforce it
there (Art. 42(1)(b))