ITALY Law and Practice Contributed by: Marco Torsello, Federica Serrantoni, Lucia Pontremoli and Gregorio Baldoli, ArbLit
3.3 Categories of Foreign Judgments Not Enforced Judgments Not Eligible for Recognition and Enforcement Under the Brussels I bis Regulation With regard to civil and commercial matters, recogni - tion and enforcement of judgments rendered in EU member states may be refused upon application of an interested party only on specific and limited grounds. Specifically, pursuant to Articles 45 and 46 of the Brussels I bis Regulation, recognition and enforce - ment of foreign judgments may be refused if: • such recognition is manifestly contrary to Italian public policy; • the judgment was given in default of appearance, if the defendant was not served with the document that instituted the proceedings or with an equiva - lent document in sufficient time and in such a way as to enable the defendant to arrange for their defence, unless the defendant failed to commence proceedings to challenge the judgment when they could do so; • the judgment is irreconcilable with a judgment ren - dered between the same parties in Italy; • the judgment is irreconcilable with an earlier judg - ment rendered in another member state or in a third state involving the same cause of action and between the same parties, provided that the earlier judgment fulfils the conditions necessary for its recognition in Italy; or • the judgment violates the provisions on exclusive or special jurisdiction as outlined in the Brussels I bis Regulation. Judgments Rendered in Non-EU Countries Judgments not eligible for recognition and enforcement under the Lugano Convention Pursuant to Articles 34 of the Lugano Convention, a judgment will not be recognised in Italy if: • such recognition is manifestly contrary to Italian public policy; • it was given in default of appearance, if the defend - ant was not served with the document that institut - ed the proceedings or with an equivalent document in sufficient time and in such a way as to enable the defendant to arrange for their defence, unless the defendant failed to commence proceedings to
challenge the judgment when it was possible for them to do so; • it is irreconcilable with a judgment given in a dis - pute between the same parties in Italy; or • it is irreconcilable with an earlier judgment given in another state bound by the Lugano Convention or in a third state involving the same cause of action and between the same parties, provided that the earlier judgment fulfils the conditions necessary for its recognition in Italy. As to the enforcement, pursuant to Article 38 of the Lugano Convention, a judgment given in a signato - ry state may be enforced in Italy only if it has been declared enforceable in the state of origin. Judgments not eligible for recognition and enforcement under the 2019 Hague Convention A judgment rendered in a contracting state is eligi - ble for recognition and enforcement in Italy only if the requirements provided for under Articles 5 or 6 of the 2019 Hague Convention are met. Additionally, pursu - ant to Article 7, recognition and enforcement in Italy may be refused on the following grounds. • The document that instituted the proceedings (or an equivalent document, including a statement of the essential elements of the claim) either: (a) was not notified to the defendant in suffi - cient time and in such a way as to enable the defendant to arrange for their defence, unless the defendant entered an appearance and presented their case without contesting notifi - cation in the court of origin – provided that the law of the state of origin permitted notification to be contested; or (b) was notified to the defendant in Italy in a man - ner that is incompatible with Italian fundamen - tal principles concerning service of documents. • The judgment was obtained by fraud. • Recognition or enforcement would be manifestly incompatible with Italian public policy, including: (a) situations where the specific proceedings lead - ing to the judgment were incompatible with fundamental principles of procedural fairness of Italy; and (b) situations involving infringements of security or sovereignty of Italy.
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