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8-th CIS Local Counsel Forum Kiev-Odessa, 26-29 June 2013

8-th CIS Local Counsel Forum Kiev-Odessa, 26-29 June 2013 . Recognition and Enforcement of EU Countries Court Decisions in European Union: Illustration – France Irina Sidorova Law Firm Irina M. Sidorova Paris, France. Law Firm Irina M. Sidorova, Paris – www.avocatsidorova.fr.

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8-th CIS Local Counsel Forum Kiev-Odessa, 26-29 June 2013

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  1. 8-th CIS Local Counsel ForumKiev-Odessa, 26-29 June 2013 Recognition and Enforcement of EU Countries Court Decisions in European Union: Illustration – France Irina Sidorova Law Firm Irina M. Sidorova Paris, France Law Firm Irina M. Sidorova, Paris – www.avocatsidorova.fr

  2. Recognition and Enforcement of EU Countries Court Decisions in European Union • Recognition and Enforcement of EU Countries Court Decisions in France Law Firm Irina M. Sidorova, Paris – www.avocatsidorova.fr

  3. I - Recognition and Enforcement of EU Countries Court Decisions in EU Applicable Law: Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (as amended) Law Firm Irina M. Sidorova, Paris – www.avocatsidorova.fr

  4. I - Recognition and Enforcement of EU Countries Court Decisions in EU Purpose: Facilitate the recognition and enforcement of Court decisions in civil, labor and commercial matters within the EU countries Law Firm Irina M. Sidorova, Paris – www.avocatsidorova.fr

  5. I - Recognition and Enforcement of EU Countries Court Decisions in EU • Which Countries?All EU Countries including Estonia, Lithuania, Latvia • Country Excluded: Danemark -> ordinary local procedure Law Firm Irina M. Sidorova, Paris – www.avocatsidorova.fr

  6. I - Recognition and Enforcement of EU Countries Court Decisions in EU Which Matter? -> civil, commercial, labour Matters Excluded: • revenue, customs or administrative matters; • the status or legal capacity of natural persons, matrimonial matters, wills and succession; • bankruptcy; • social security; • arbitration -> ordinaryprocedure Law Firm Irina M. Sidorova, Paris – www.avocatsidorova.fr

  7. I - Recognition and Enforcement of EU Countries Court Decisions in EU Which Decision? Any decision given by a court or tribunal of an EU country, whatever it may be called: -> judgment, decree, order, decision, writ of execution, etc. Law Firm Irina M. Sidorova, Paris – www.avocatsidorova.fr

  8. I - Recognition and Enforcement of EU Countries Court Decisions in EU WichCourt ? Is determined by reference : • to the place of domicile /registered office of the party against whom enforcement is sought; or • to the place of enforcement Law Firm Irina M. Sidorova, Paris – www.avocatsidorova.fr

  9. I - Recognition and Enforcement of EU Countries Court Decisions in EU Principles To Be Respected: • The initialCourtdecision is to be recognized in the other EU countries without any special procedure being required • No review as to its substance is authorized Law Firm Irina M. Sidorova, Paris – www.avocatsidorova.fr

  10. I - Recognition and Enforcement of EU Countries Court Decisions in EU Procedure: • The Court decision is to be declared enforceable on the application of any interested party • The EU Court decision is declared enforceable without hearings and without convoking the adverse party Law Firm Irina M. Sidorova, Paris – www.avocatsidorova.fr

  11. I - Recognition and Enforcement of EU Countries Court Decisions in EU Cases of Refusal of Recognition (1/2): • such recognition is manifestly contrary to public policy in the EU country in which recognition is sought; • the defendant did not receive the document that instituted the proceedings in sufficient time and therefore failed to arrange for his/her defense; Law Firm Irina M. Sidorova, Paris – www.avocatsidorova.fr

  12. I - Recognition and Enforcement of EU Countries Court Decisions in EU Cases of Refusal of Recognition (2/2): • such recognition is irreconcilable with a judgment given in a dispute between the same parties in the EU country in which recognition is sought; • it is irreconcilable with an earlier judgment given in another EU or non-EU country involving the same cause of action and the same parties. Law Firm Irina M. Sidorova, Paris – www.avocatsidorova.fr

  13. I - Recognition and Enforcement of EU Countries Court Decisions in EU The Local Court May: • declare enforceable the decision; or • refuse to recognize the decision; or • stay the proceedings, if an ordinary appeal against the decision has been lodged. Law Firm Irina M. Sidorova, Paris – www.avocatsidorova.fr

  14. I - Recognition and Enforcement of EU Countries Court Decisions in EU The Local Court’s Decision: • is to be notified to the adverse party (via bailiff) • may be appealed by all the parties -> local ordinary procedure Law Firm Irina M. Sidorova, Paris – www.avocatsidorova.fr

  15. II - Recognition and Enforcement of EU Countries Court Decisions in France Each EU country fixes its own procedure for making the application to obtain the enforcement Law Firm Irina M. Sidorova, Paris – www.avocatsidorova.fr

  16. II - Recognition and Enforcement of EU Countries Court Decisions in France • The application is to be registered with the secretary of the Tribunal de Grande Instance • The applicant produces: • the original of initial decision duly translated • the certificate from the court where a judgment wasgiven • The applicant must : • give an address for service of process within the area of jurisdiction of the court applied to or appoint a representative ad litem Law Firm Irina M. Sidorova, Paris – www.avocatsidorova.fr

  17. II - Recognition and Enforcement of EU Countries Court Decisions in France • The declaration of enforceabilityisnotified by the registeredletter to the applicant by the secretary of the Court • The declaration of enforceabilityisnotified to the defendant by the bailiff (huissier de justice) per applicant’srequest Law Firm Irina M. Sidorova, Paris – www.avocatsidorova.fr

  18. II - Recognition and Enforcement of EU Countries Court Decisions in France • The declaration of enforceabilitycanbeappealedwithin 1 monthfollowing the notification before the competent Court of Appeal • The declaration of enforceabilityisenforcedfollowing French enforcementproceedings (by the bailiff) Law Firm Irina M. Sidorova, Paris – www.avocatsidorova.fr

  19. II - Recognition and Enforcement of EU Countries Court Decisions in France • A well-known international law firm Plus Prestige, reputation, possibility to carry out trans-border operations within the same law-firm, multi-specializationMinus: High fees, long internal administrative procedures, risks resulting from the conflict-check, your case may be dealt with by different lawyersFor what case? For IPO, International Arbitration between multinational or State companies, international M&A, cases involving the application of the competition law, etc. Law Firm Irina M. Sidorova, Paris – www.avocatsidorova.fr

  20. Conclusion • Uniform Recognition & Enforcement Rules within EU countries • Simple procedure not involving the defendant • However, complications may arise in case of appeal • Rules to be simplified starting on 10/01/2015 (new Regulation n°1215/2012 of 12/12/2012) Law Firm Irina M. Sidorova – www.avocatsidorova.fr

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