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Parliamentary questions
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13 June 2019
Answer given by Ms Jourová on behalf of the European Commission
Question reference: P-002043/2019

Regulation (EC) No. 1215/2012(1) provides that recognition and enforcement of a judgment can be refused if such recognition and enforcement is manifestly contrary to public policy in the Member State addressed. As the Commission stated in its answers to written questions E-000998/2019 and E-001314/2019, pursuant to the case law of the Court of Justice of the EU (CJEU)(2), recourse to the ground of public policy can be envisaged only where recognition or enforcement of the foreign judgment would be at variance to an unacceptable degree with the legal order of the State addressed inasmuch as it would infringe a fundamental principle. Indeed, it is for the CJEU (in particular on the basis of the referrals by national courts for preliminary rulings), to review the limits within which the courts of a Member State may have recourse to that ground to refuse to recognise a judgment of a court in another Member State under that regulation.

As part of the Commission’s general monitoring of the application of Regulation (EC) No. 1215/2012, regular exchange with the Member States takes place in the context of the European Judicial Network in Civil and Commercial Matters. Furthermore, the report on the application of the regulation, to be presented by the Commission in 2022, will allow assessing the application of the refusal grounds, including public policy grounds.

(1)Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, OJ L 351, 20.12.2012, p. 1.
(2)E.g., Case C‐302/13 and the case law cited therein.

Last updated: 13 June 2019Legal notice