01Recognition of judgments and orders
We check the subject matter, the nature of the decision, when proceedings were instituted and whether the decision is enforceable. In cases covered by Regulation (EU) No 1215/2012, recognition requires no special procedure. If the judgment is enforceable in the Member State of origin, it may be enforced in the other Member State without a prior declaration of enforceability. The prescribed documents and procedural requirements still apply, together with the remedies available to protect the other party.
Recognition and enforcement: the European framework02Enforcement and protection of creditors’ rights
We organise the steps from an enforceable instrument to action in the country where the assets are located: documents, service, lawfully obtainable information on assets and coordination with the enforcement authorities. We assess costs, urgency, challenges and possible settlements, recognising that an enforceable instrument does not guarantee recovery.
Debt recovery in Italy and Bulgaria03Joint representation and local legal support
Cooperation may cover a single stage or the entire matter: reviewing case papers, advising on local law, drafting and filing documents within the scope of the engagement, attending hearings, negotiating and providing contractual advice. We define who is responsible for each step and how the client will be involved, in accordance with the respective mandates and applicable professional rules.
Meet the Firm’s professionals Identify the applicable rules before choosing the procedure
The Brussels I Recast Regulation covers civil and commercial matters within its scope and, as a general rule, proceedings instituted on or after 10 January 2015. Enforcement of a judgment requires a copy establishing its authenticity and the certificate under Article 53. Service of the certificate and judgment, translations and provisional measures each require a specific assessment.
Family matters, maintenance obligations, succession, insolvency and arbitration may be governed by different rules. Authentic instruments, court settlements, the European Enforcement Order for uncontested claims and the European order for payment also have their own requirements. The initial assessment identifies the appropriate route, avoiding requests for unnecessary certificates or formalities.