Recognition and enforceability of other judgments

Abstract

Article 32 EIR deals with the recognition and enforceability of other judgments than the judgment opening insolvency proceedings which is recognised under Art. 19 EIR. The main focus of the commentary in this part is on the relationship between the EIR and the Brussels I Regulation, especially in the context of ‘judgments deriving directly from the insolvency proceedings and which are closely linked with them’ (Article 32 para 1 subparagraph 2; see also Article 6 EIR). Such judgments, which derive from insolvency-related litigation, fall within the scope of the EIR and are being recognised and enforced under Article 32, even if they were not handed down by the court having opened the insolvency proceedings. The commentary undertakes a detailed and critical analysis of the CJEU’s case law on the difficult and highly practical question which actions have a sufficiently close link to insolvency proceedings and therefore fall within the scope of the EIR and not of the Brussels I Regulation. It also reviews the procedural framework for the recognition and enforcement of judgments under Article 32.