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Results: 4 Answers
Enforcement of Foreign Judgments
1.
Legal and judicial framework
1.1
Which legislative and regulatory provisions govern the recognition and enforcement of foreign judgments in your jurisdiction?
 
Italy
The recognition and enforcement of EU judgments in all civil and commercial matters is covered by Regulation 1215/2012 (the ‘Brussels I Recast Regulation’).

Other EU instruments apply to the recognition and enforcement of EU judgments in specific matters, as follows:

  • Regulation (EC) 2201/2003 (the ‘Brussels II Recast Regulation’), for judgments in matrimonial matters and matters of parental responsibility;
  • Regulation (EU) 848/2015 for judgments opening insolvency proceedings;
  • Regulation (EC) 805/2004, creating a European enforcement order;
  • Regulation (EC) 1896/2006, creating a European order for payment;
  • Regulation (EC) 861/2007, establishing a European small claims procedure;
  • Regulation (EC) 4/2009, for decisions in matters relating to maintenance obligations;
  • Regulation (EU) 650/2012, for decisions in matters of succession;
  • Regulation (EU) 1103/2016, implementing enhanced cooperation in the area of, among others, the recognition and enforcement of decisions relating to matrimonial property regimes; and
  • Regulation (EU) 1104/2016, implementing enhanced cooperation in the area of, among others, the recognition and enforcement of decisions in matters of the property consequences of registered partnerships.

The recognition and enforcement of non-EU judgments is governed by Law 218 of 31 May 1995.

Once the EU or non-EU judgment has been recognised as enforceable, the provisions on enforcement proceedings set out in the Italian Code of Civil Procedure will apply.

This Q&A addresses only the rules set out under the Brussels I Recast Regulation and Law 218/1995.

For more information about this answer please contact: Matilde Rota from Studio Legale Withers
1.2
Which bilateral and multilateral instruments on the recognition and enforcement of foreign judgments have effect in your jurisdiction?
 
Italy
The main multilateral instruments with EU states are:

  • the 1968 Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters; and
  • the 2007 Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, entered into between the European Union, Denmark, Iceland, Norway and Switzerland.

The main bilateral instruments with non-EU member states are:

  • the Italy-Argentina Convention on judicial assistance and the recognition and enforcement of judgments in civil matters of 9 December 1987;
  • the Italy-Brazil Treaty on judicial assistance and the recognition and enforcement of judgments in civil matters of 17 October 1989;
  • the Italy-China Treaty on judicial assistance in civil matters of 20 May 1991;
  • the Italy-Egypt Convention on the recognition and enforcement of judgments in civil and commercial matters and on the status of natural persons of 3 December 1977;
  • the Italy-Lebanon Convention on mutual judicial assistance in civil, commercial and criminal matters, the enforcement of judgments and arbitral awards and extradition of 10 July 1970;
  • the Italy-Morocco Convention on mutual judicial assistance, the enforcement of judgments and extradition of 12 February 1971;
  • the Italy-Turkey Convention on judicial protection, mutual assistance of judicial civil and criminal authorities and the enforcement of judicial decisions of 10 August 1926;
  • the Italy-Tunisia Convention on judicial assistance in civil, commercial and criminal matters, the recognition and enforcement of judgments and awards and extradition of 15 November 1967;
  • the Italy-Kuwait Agreement on judicial cooperation, the recognition and the enforcement of judgments in civil matters of 11 December 2002;
  • the Italy-Moldova Agreement on judicial assistance and the recognition and enforcement of judgments in civil matters of 7 December 2006; and
  • the Italy-Russia Convention on judicial assistance in civil matters of 25 January 1979.
For more information about this answer please contact: Matilde Rota from Studio Legale Withers
1.3
Which courts have jurisdiction to hear applications for the recognition and enforcement of foreign judgments?
 
Italy
The recognition and enforcement of EU judgments is automatic. However, a party may challenge the recognition and enforcement of an EU judgment by filing an application to the court of first instance.

For recognition and enforcement of a non-EU judgment, an application must be filed with the court of appeal of the place where the judgment is to be enforced.

For more information about this answer please contact: Matilde Rota from Studio Legale Withers