Abstract
The article deals with the conditions under which Czech courts recognise and enforce judgments rendered in commercial matters by courts outside of the EU. The relevant rules on recognition and enforcement are contained in both the Czech Act on Private International Law and in a number of international treaties binding for the Czech Republic. The authors analyse in detail the Czech national rules with particular emphasis on grounds for non-recognition and on the enforcement procedure, including relevant national case-law. As the Czech Republic is bound by a significant number of bilateral treaties on legal assistance that contain relevant provisions, the authors also bring a brief overview of the rules therein.
Highlights
The enforcement of judgments rendered by foreign courts is far from automatic
The aim of this paper is to present an overall analysis of the conditions for enforcement[2] of judgments rendered in commercial matters by courts outside of the European Union in the territory of the Czech Republic
The Czech Republic is bound by a number of bilateral treaties on legal assistance in civil matters concluded with countries outside of the EU18 that contain, among others, provisions on the mutual recognition and enforcement of judgments rendered by the courts of the contracting parties
Summary
The enforcement of judgments rendered by foreign courts is far from automatic. Following the principle of territoriality, judgments have authority and effects limited only to the territory of the state whose courts rendered them.[1]. Member States.[9] The rules that were originally adopted in the Brussels Convention and Brussels I Regulation to enhance proper functioning of the internal market ensure that judgments given by the courts of one EU Member State in commercial matters are treated as if they had been given in the Member State where enforcement is sought.[10] This unified regime is limited only to judgments rendered by courts in the EU; the treatment of judgments rendered by courts outside of the EU is left to national law subject to international treaties. Provided the EU joins the Hague Judgments Convention, it is to be expected that it will seek to promote the convention with third states to attract as many of them as possible for the convention to become a future dignified counterpart to the New York Convention
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