New rules on enforcing judgments in other jurisdictions – AC&G Asesores Legales

EU regulations on recognising member state judgments in other countries represent progress, but there is still uncertainty

New regulations introduced by the European Union that impact on the enforcement of member state court judgments in other jurisdictions are a “positive step” for international litigation, according to Santiago Gastón de Iriarte and Julio Garrido, partners at AC&G Asesores Legales in Madrid.
The recast Brussels Regulation (EU) No 1215/2012, which impacts on the recognition of judgments in civil and commercial matters, came into force on 10 January, 2015. “With the regulation now containing, among other matters, revised provisions both on jurisdiction and on the recognition and enforcement of judgments in the domicile of the defendant, it will facilitate a positive view of judgements in member states,” says Garrido. “This is very important for international litigation in the EU, but also applies to other state judgments.”
However, there are specific matters that are causing uncertainty. For example, one issue is the effect the resolution will have on provisional and protective measures [formally known as ‘interim measures’] in litigation. Gastón de Iriarte says that while such measures “must be adopted in principle and served on the defendant prior to enforcement, regardless of whether the defendant has time to appear”, they cannot actually be enforced in certain circumstances.
Another issue that needs clarification is how the regulation will apply within the context of copyright, following the 2014 Spanish intellectual property law reform. “In Spain, our legal system has always been protective of the defendant,” explains Garrido. “Now, we’ll be able to ask for data to prepare a case against the defendant, making us closer to the prosecutor.”
But while the regulation is seen as important for demonstrating the different laws within the European Union, lawyers also see it as a positive step for international litigation within Spain. “By establishing specific regulations from a domestic point of view that can then be enforced in other countries, a whole new concept is being introduced to our country,” says Gastón de Iriarte.

New rules on enforcing judgments in other jurisdictions – AC&G Asesores Legales


Iberian Lawyer, is a monthly digital magazine, published by LC Publishing, available in Spanish and English. It represents the main source of information in the legal business sector in Spain and Portugal. The digital magazine – and its portal – address to the protagonists of law firms and in-house lawyers. The magazine is available for free on the website and on Google Play and App Store.

In every issue of the magazine, you will find rankings of lawyers, special report on trends, interviews, information about deals and their advisors.

For further information, please visit the Group’s website

Iberian Legal Group, S.L.
Registered office: C/ Ríos Rosas 44A - 2 G,H 28003 Madrid España

Copyright 2023 © All rights Reserved. Design by Origami Creative Studio


Share on linkedin
Share on twitter
Share on facebook
Share on whatsapp
Share on email
Share on telegram