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ARTICLE · 03 MARCH 2016

Recognition Of Foreign Judgments Under The Brussels Regime - The Public Policy Exception

Dillon Eustace
Dillon Eustace
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Dillon Eustace

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Last year, the European Court of Justice handed down an important decision in the case of Diageo Brands v Simiramida Case C – 681/13 in relation to the law on the recognition of judgments within the European Union...

European UnionLitigation, Mediation & Arbitration
John O'Riordan
John O'Riordan
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Introduction

Last year, the European Court of Justice (the "CJEU") handed down an important decision in the case of Diageo Brands v Simiramida Case C – 681/13 in relation to the law on the recognition of judgments within the European Union ("EU") and in particular on the grounds available to resist a judgment being recognised in another EU country.

Background to the Brussels Regime

Under the Brussels regime1, a judgment of a court in one EU member state must be recognised and enforced in another member state unless the party that seeks to resist recognition can establish the existence of one of a number of specific grounds.

One of these grounds is that recognition of the judgment would be manifestly contrary to public policy in the member state in which recognition is sought.

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