Procedural Effects of Court Settlements

Court settlements, that is, settlements concluded by the parties to a pending action and registered by the court to render procedural effects upon them, are common in many European jurisdictions. However, their procedural effects under the Brussels Ibis Regulation and the Lugano Convention are limited to direct enforceability. Comparing English, German, Norwegian, and Swedish law, this text critically interrogates the procedural effects of court settlements. The main argument is that the formal approach taken by the European Court of Justice, which separates between court settlements labelled (consent) judgments and those considered a sui generis category of court decisions, is misdirected. The approach downplays the intrinsic, complex interplay between and amalgamation of contract and procedural law. Understanding these interrelationships is vital for regulating the procedural effects of court settlements across borders.