The Notion of “Judgment” in the EU Regulations on Cross-Border Collection of Monetary Claims: A Change in Understanding?

In the area of cross-border recognition and enforcement, judgments present the most important type of decisions that enjoy free movement within the European Union. The notion of a “judgment” may seem fairly obvious at first. However, given the broad definitions of EU’s private international law in-struments, the concept quickly proves to be much more complex. This became particularly clear after the recent rulings of the Court of Justice of the EU: the rulings in H Limited (C-568/20 ECLI:EU:C:2022:264) and London Steam-Ship Owners (C-700/20 ECLI:EU:C:2022:488). In light of the new case-law, this Article aims to answer the question as to what exactly constitutes a “judgment” in EU private international law, as well as determine whether the notion has been redefined after these rulings. The questions are answered with reference to the EU regulations dealing with monetary claims, while diverging aspects constituting a “judgment” under national laws of different Member States are highlighted as well.

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Publication Details

Journal
SHILAP Revista de lepidopterología
Published
2024-10-21
DOI
https://doi.org/10.15166/2499-8249/771
Primary Topic
Conflict of Laws and Jurisdiction
Type
article
Field-Weighted Citation Impact
0.00
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article

The Notion of “Judgment” in the EU Regulations on Cross-Border Collection of Monetary Claims: A Change in Understanding?

SHILAP Revista de lepidopterología
Conflict of Laws and Jurisdiction
article

The Notion of “Judgment” in the EU Regulations on Cross-Border Collection of Monetary Claims: A Change in Understanding?

article en

Abstract

In the area of cross-border recognition and enforcement, judgments present the most important type of decisions that enjoy free movement within the European Union. The notion of a “judgment” may seem fairly obvious at first. However, given the broad definitions of EU’s private international law in-struments, the concept quickly proves to be much more complex. This became particularly clear after the recent rulings of the Court of Justice of the EU: the rulings in H Limited (C-568/20 ECLI:EU:C:2022:264) and London Steam-Ship Owners (C-700/20 ECLI:EU:C:2022:488). In light of the new case-law, this Article aims to answer the question as to what exactly constitutes a “judgment” in EU private international law, as well as determine whether the notion has been redefined after these rulings. The questions are answered with reference to the EU regulations dealing with monetary claims, while diverging aspects constituting a “judgment” under national laws of different Member States are highlighted as well.

SHILAP Revista de lepidopterología
University of Antwerp (BE), University of Rijeka (HR)
Peace, Justice and strong institutions
Openalex Percentile: Top 47%
Conflict of Laws and Jurisdiction
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The Notion of “Judgment” in the EU Regulations on Cross-Border Collection of Monetary Claims: A Change in Understanding? · SHILAP Revista de lepidopterología (2024) | TGRS Research Map | TGRS