MONACO Law and Practice Contributed by: Stephan Pastor, Emeline Elbaz-Mondeux, Daniel Goldenbaum and Xavier Widawski, CMS Monaco
A Monegasque judge may impose a penalty to encourage the condemned party to fulfil its obli- gation as quickly as possible. Even if not provided by the judgment, if the con- demned party does not execute the judgment within the delay, the victorious party can go back to court and ask for judicial penalty payment. 9.5 Enforcement of a Judgment From a Foreign Country Foreign judgments must be recognised by Monegasque courts before being enforceable in Monaco. The courts do not rule on the merits of the case, and only check the following condi- tions as per Monaco’s Code on Private Interna- tional Law: • that the judgment has been ruled by a com- petent jurisdiction; • that the rights of defence have been respect- ed; • that the recognition of the judgment is not manifestly contrary to Monegasque public policy; • that the judgment is not contrary to another decision previously ruled in Monaco between the same parties (this includes a previous foreign judgment already recognised in Mona- co); and • that a dispute is not currently pending before a Monegasque court (seized first) between the same parties. 10. Appeal 10.1 Levels of Appeal or Review to a Litigation For civil and commercial matters, the main mechanisms of review are:
• appeal ( appel ); • opposition by a third party ( tierce opposi- tion ) – ie, a review mechanism for third parties regarding a judgment that is prejudicial to their rights; and • request for review ( pourvoi en revision ) – ie, a review mechanism on matters concerning breaches of the law that can generally be lodged against any decision rendered at last instance and having the force of res judicata. 10.2 Rules Concerning Appeals of Judgments An appeal may be lodged by a party against judgments given at first instance. An appeal should be lodged: • to the Court of Appeal ( Cour d’Appel ) for judgments handed down at first instance by the First Instance Tribunal ( Tribunal de Premi- ère Instance ) and against judgments given at first instance by the Justice of the Peace ( Juge de Paix ); and • before the Court of First Instance, for arbitra- tion awards in civil matters and for judgments reserved to it by law. 10.3 Procedure for Taking an Appeal For civil and commercial matters, an appeal is lodged by the appellant’s counsel by declaration to the court registry. The time limit for lodging an appeal is 30 days from the date of service of the judgment, unless the law provides otherwise. The appellant also has 30 days from the expiry of that time limit to state, by summons, the reasons for appealing against the decision that they are contesting.
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