Answer ... The Recast Brussels Regulation and the Brussels I Regulation provide for the enforcement of any judgment issued by a court or tribunal of a contracting state, regardless of what it is called by the original court and specifically including any decree, order, decision or writ of execution, as well as the determination of costs or expenses by an officer of the court. The regulations specifically exclude orders issued in the course of arbitration, but extend to the determination of costs or expenses by an officer of the court and to non-money judgments and interim orders, including injunctions.
The Foreign Judgments (Reciprocal Enforcement) Law covers judgments or orders issued by a UK superior court in civil proceedings or criminal proceedings for a sum of money in respect of compensation or damages to an injured party, as long as that sum is not a tax, fine or penalty, as well as for any other remedy (ie, declaratory) not awarding a monetary sum (see Law 130(1)/2000). The judgment must also finally and conclusively determine the rights and liabilities of the parties in the state in which it was issued (although a pending appeal is no bar to enforcement if there is no stay restraining enforcement of the lower court decision in place), or require the judgment debtor to make an interim payment to the judgment creditor.
The Hague Convention 2005 applies to decisions on the merits, but does not apply to interim measures of protection. A decision on the merits includes a determination of costs or expenses by the court, provided that it relates to a decision on the merits that can be recognised or enforced under that convention. The Hague Convention 2005 also applies to judicial settlements, provided that they have been concluded by or approved by a court specified in an exclusive jurisdiction agreement and are enforceable in the same manner as a judgment in their state of origin.
The bilateral treaties regulating the enforcement of non-EU foreign judgments in Cyprus provide for the enforcement of monetary judgments issued in the context of civil or criminal proceedings which do not involve tax or a similar charge, or a fine or penalty, as well as of declaratory judgments.
At common law, any judgment must be for a definite sum, meaning that the damages or costs awarded must have been assessed and quantified or must be ascertainable by a simple arithmetical process. The judgment must be final and conclusive between the parties, although it may be subject to appeal. The result is that judgments for payment into court, injunctive relief or interim awards that might yet be rescinded or varied by the court will not be enforceable at common law.
Answer ... The foreign judgment must be final and conclusive before it can be recognised and enforced in Cyprus, and must be capable of execution in the original foreign court.
Answer ... A foreign judgment will be deemed to be final and conclusive even if an appeal is pending against it or it is subject to such an appeal in the foreign court, provided that the foreign judgment is capable of execution under the law of the country where the foreign judgment was issued.
Answer ... The Recast Brussels Regulation and the Brussels I Regulation do not provide for limitation periods. Judgments must generally still be enforceable in the state in which they were issued in order to be enforced in EU member states, including Cyprus (eg, see Article 6(1)(a) of the European Enforcement Order Regulation). There is authority from the Court of Justice of the European Union in Apostolides v Orams (2009) to the effect that enforceability of a judgment in the member state of origin constitutes a precondition for its enforcement in another member state.
The Law Concerning Foreign Judgments provides that an application should be made to recognise the judgment debt within six years of the UK judgment or, where the UK judgment is subject to appeal, from the date of the last judgment in the foreign proceedings.
The time limitation provided in the Cypriot Limitation Law for filing an application for recognition and enforcement of a foreign judgment is 15 years from the date on which the foreign judgment becomes final and conclusive.