In a recent Cyprus Appellate Court judgement, it has been inter alia held that the Certificate of enforceability issued, as per the provisions of Article 54 of the European Regulation 44/2001, constitutes a confirmation that the Court of Member State, which has issued same, had examined and verified, that the subject matter of the judgment, which is sought to be enforced, falls within the ambit of the provisions of the EU Regulation 44/2001.
The Cyprus Appellate Court adopted and followed the European Court judgment in Ágnes Weil v Géza Gulácsi (C-361/18 – dated 6/9/2019) where it was inter alia held, that the enforcement procedure, under EU Regulation 44/2001, precludes, like the enforcement under Regulation 1215/12, any subsequent review, on the part of a Court of the Member State addressed, on whether the action giving rise to the judgment for which enforcement is sought, falls within the scope of EU Regulation 44/2001, the grounds for challenging the declaration that a judgement is enforceable being exhaustively laid down by that regulation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
