One 12 months after the UK submitted a request for reinstatement “in its personal proper” to the Lugano Conference, regarding jurisdiction, recognition and enforcement of judgments in civil and industrial issues, the European Fee has positioned itself – to the shock of many – in opposition to this accession.

Since the UK formally left the European Union, on January 31, 2020, we had been in a transitional interval by which Union regulation continued to use on this State. Nonetheless, the state of affairs modified on December 31, 2020. From that second on, we needed to distinguish between the procedures began earlier than that date and people began afterwards.

Relating to the previous, though the decision issued is after December 31, 2020, Regulation (EU) No. 1215/2012 – higher generally known as “Brussels I bis” -, so {that a} homologation or exequatur process wouldn’t be essential to request compliance with mentioned decision.

Nonetheless, the Regulation doesn’t apply to procedures initiated as of January 1, 2021 and, consequently, every State should resort to its personal rules, which within the case of Spain could be Legislation 29/2015, on Cooperation. Worldwide Legislation in Civil Issues, requiring, now, a process of homologation or exequatur of the overseas decision earlier than beginning any process of execution of the identical. In different phrases, the occasion favored by a decision issued in the UK should go, previous to, to an exequatur process earlier than the Spanish courts, and solely as soon as the validity of the decision has been acknowledged, would they’ve the potential for demanding compliance. .

For its half, the Lugano Conference –signed by the EU, Iceland, Norway and Switzerland– doesn’t exempt from the exequatur requirement for enforcement, however has a transparent benefit: the identical rule (that’s, the Conference) regulates each recognition and execution of selections equivalent to worldwide judicial competence. Which means that the popularity of a Spanish judgment in the UK must be ruled by the Lugano Conference, and never by British nationwide provisions, which current extra demanding necessities than these of the Conference itself.

Likewise, you will need to notice that, though the UK ratified the Hague Conference on Selection of Discussion board Agreements, this rule leaves it as much as every Contracting State to control the process for acquiring recognition and, the place acceptable, compliance with overseas decision, a regulation that, basically, presents extra demanding necessities than these offered for within the Lugano Conference.

On this context, the UK requested on April 8, 2020, to rejoin the Conference, because it had ceased to be a part of it when it left the European Union. For this, it wants the consent of all of the contracting events, which based on the provisions of article 72 “will endeavor to offer their consent inside a most interval of 1 12 months from the request of the depositary”.

And now, utterly unexpectedly, the European Fee has suggested its Member States to reject the request made by the UK. The one formal purpose on which he bases his suggestion, issued final week, is the dearth of membership of this State, as a consequence of the Brexi, the European Financial Space (EEA) or the European Free Commerce Affiliation (EFTA). On this sense, though the Fee has restricted itself to issuing a “suggestion”, it’s the European Council and the Member States themselves – which appear to be divided on this matter – that the ultimate determination corresponds.

In any occasion, it can’t be denied that the Fee’s determination, probably guided, to some extent, by the curiosity in punishing the ‘rogue member’, is an actual setback for UK firms and people, but additionally, and undoubtedly, for the pursuits of the remainder of the nations of the Union.

On this sense, the benefit for EU / EFTA firms buying and selling within the UK, and vice versa, is obvious. If this State had been allowed to rejoin Lugano, as a substitute of counting on a patchwork of bilateral treaties and “native” guidelines to find out each worldwide jurisdiction and the popularity and enforcement of judgments, a extra streamlined or harmonized rule would apply. .

Finally, within the absence of a greater settlement, the return of the UK to the Lugano Conference as an impartial Contracting State could be the most effective answer for all events concerned; A minimum of for the second.

Though they appear like dangerous instances for harmony, this is probably not the tip of the story, whose destiny is now within the arms of the remainder of the members of the Union. It shouldn’t be forgotten that, whatever the opinion that the UK’s exit from the EU could advantage, the explanations and even the modus operandi, the remainder proceed – we proceed – to be members of a terrific group, a nation of countries whose benefits transcend the borders of all their States. Nor ought to the pursuits at stake be forgotten and, above all, these ideas on which the Union – then known as the European Financial Neighborhood – was based mostly again within the 1960s.

As Jean Monnet mentioned, “Proceed, proceed, there isn’t any future for the folks of Europe apart from in union” [“Adelante, adelante, no hay más futuro para los pueblos de Europa que la unión”].


Please enter your comment!
Please enter your name here