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 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 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
• ordered without the defendant being summoned to appear. The recognition and enforcement of these measures in Italy are thus regulated by the Italian Private Inter - national Law Act. As mentioned in 3.1 Legal Issues Concerning Enforcement of Foreign Judgments (Non-EU Coun - tries’ Judgments), the Italian Private International Law Act provides for different rules on recognition depend - ing on whether the judgment in question qualifies as a court’s decision rendered in an adversarial proceeding (Article 64), a court’s decision rendered in a non-adver - sarial proceeding (Article 66), or a judgment relating to personal status, capacity, familiar relationships and personal rights (Article 65). Irrespective of the type of judgment, enforcement is governed by Article 67 of the Italian Private International Law Act – according to which, in the event of non-voluntary compliance with a judgment or opposition thereto, any interested party may apply to the judicial authority to obtain a decision to ascertain whether the requirements for recognition are met. Article 32 of the Lugano Convention provides for a definition of “judgment” that essentially mirrors the one provided for in the Brussels I bis Regulation and thus includes any judgment rendered by a court or tribunal of a signatory state – whatever the judgment may be called (eg, a decree, order, decision, or writ of execution) – as well as the determination of costs or expenses by an officer of the court. Article 3 of the 2019 Hague Convention defines a “judgment” as any decision on the merits given by a court – whatever that decision may be called (eg, a decree or order) – and a determination of costs or expenses of the proceedings by the court, provided that the determination relates to a decision on the merits eligible for recognition under the 2019 Hague Convention. It also specifies that interim measures of protections are not judgments and therefore are not subject to the recognition and enforcement regime established by the 2019 Hague Convention.
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