BELGIUM Law and Practice Contributed by: Dominique Blommaert, Jens Benoot, Fryderyk de Peslin Lachert and Lydie Van Muylem, Janson
attachment of movable and immovable assets, third- party attachment or garnishment of bank accounts and earnings. 3.5 Costs and Time Taken to Enforce Foreign Judgments The time and costs necessary to enforce foreign judg - ments are similar to enforcement of domestic judg - ments – see 2.3 Costs and Time Taken to Enforce Domestic Judgments . Additional costs may be incurred for translation of judgments issued in a foreign language and for exe - quatur proceedings in the case of non-EU judgments. 3.6 Challenging Enforcement of Foreign Judgments EU Judgments The enforcement of EU judgments can be challenged, by any interested party, for exceptional grounds set forth in Article 45 of the Brussels I Recast Regula - tion (see 3.3 Categories of Foreign Judgments Not Enforced ). These are, as a reminder: • recognition is manifestly contrary to public policy in the member state addressed; • the judgment was rendered in default of appear - ance and the defendant was not served with the document that instituted the proceedings, or with an equivalent document, in sufficient time and in a way that enabled them to arrange for their defence, unless the defendant failed to commence proceed - ings to challenge the judgment when it was pos - sible to do so; • the judgment is irreconcilable with a judgment given between the same parties in the member state addressed; • the judgment is irreconcilable with an earlier judgment given 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 the member state addressed; • the judgment conflicts with Sections 3, 4 or 5 of Chapter II of the Brussels I Recast Regulation where the defendant was the policyholder insured or beneficiary of an insurance contract or the injured party, or a consumer or an employee; and
• the judgment conflicts with the exclusive jurisdic - tion of another member state. Non-EU Judgments Foreign judgments will be recognised and be enforce - able unless the application for recognition is refused on one of the grounds provided in Article 25 of the CPIL: • recognition would be incompatible with Belgian public policy; • the rights of defence were violated; • the judgment was obtained with the sole purpose of escaping the application of the law designated by the CPIL, in a matter in which the parties could not freely dispose of their rights; • the judgment is not a final judgment; • the judgment is incompatible with a domestic or foreign judgment; • the foreign proceedings were commenced after Belgian proceedings were commenced which remain pending between the same parties and with the same subject matter; • the Belgian courts had exclusive jurisdiction to hear the claim; • the jurisdiction of the foreign court was based solely on the presence of the defendant or property without a direct connection with the dispute in the state to which that court belongs; • specific procedural errors were made regarding IP rights that require registration; • the foreign judgment relates to the validity, work - ing, dissolution, or liquidation of company that had its main place of establishment in Belgium at the time the claim was made; and • the enforcement of a foreign judgment relating to insolvency proceedings would generate specific effects for third parties affected by the insolvency. The decision rendered by the court of first instance (the “exequatur”) can be appealed before the court of appeal for one of the above-mentioned grounds within one month of the notification of the decision.
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