Brussels 1 Recast – Interpreting The Grounds For The Refusal Of Recognition Of Judgements

On the 21^st of March 2024 the Court of Justice of the European Union (the "CJEU") delivered a preliminary ruling (C-90/22) clarifying the scope of the grounds for the refusal to recognise judgements of EU Member States in terms of Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters ("Brussels 1 Recast" or the "Regulation"). This preliminary ruling followed a reference by the Supreme Court of Lithuania concerning a dispute arising between Gjensidige ADB, and Rhenus Logistics UAB and ACC Distribution UAB.

The CJEU held that in terms of Brussels 1 Recast, a Court of one EU Member State (the "Addressed Court") cannot refuse to recognise a judgement delivered by a Court of a different Member State (the "Court of Origin") on the ground that such Court of Origin had declared itself to have jurisdiction by disregarding a choice-of-court agreement.