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31 July 2009 / Patricia Shine
Issue: 7380 / Categories: Features , EU , Commercial
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A matter of trust

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Patricia Shine explains why member states are obliged to recognise each other’s judgments

Article 33(1) of the judgments regulation No 44/2001 (the regulation) relates to reciprocal enforcement of judgments and provides that “a judgment given in a member state shall be recognised in the other member states without any special procedure being required”.

The aim of this part of the regulation was to minimise obstruction to the transfer of judgments in one part of the EU, to be enforced in another, in order to further the objective of free movement of judgments in civil and commercial matters.

These aims are clearly expressed in paragraph two of the preamble to the regulation: “Certain differences between national rules governing jurisdiction and recognition of judgments hamper the sound operation of the internal market. Provisions to unify the rules of conflict of jurisdiction in civil and commercial matters and to simplify the formalities with a view to rapid and simple recognition and enforcement of judgments from member states bound by this Regulation are essential.”

The circumstances

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