Answer ... The grounds on which the recognition and enforcement of a foreign judgment can be challenged are limited.

In accordance with EU Regulation 1215/2012, the recognition and enforcement of a judgment issued by a court of an EU member state may be challenged on any of the following grounds (this list is not exhaustive):

• Recognition would be manifestly contrary to public policy in the member state addressed;
• The judgment was given in default of appearance, if the defendant was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable it to arrange for its defence, unless the defendant failed to commence proceedings to challenge the judgment when it was possible for it to do so;
• The judgment is irreconcilable with a judgment given between the same parties in the member state addressed; or
• 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.

In addition, the grounds for refusal or of suspension of enforcement under the law of the member state addressed will apply insofar as they are not incompatible with the grounds referred to in Article 45 of EU Regulation 1215/2012.

As regards judgments issued by UK courts, the Foreign Judgments (Reciprocal Enforcement) Law provides that the only discretionary factor which may lead to the Cypriot court to decline to recognise a judgment is if:

• the matter in dispute in the judgment whose recognition is sought was previously decided by another court with jurisdiction in the matter; and
• the matter in dispute thus was finally and conclusively decided by the other court before the issuance of the judgment whose recognition is sought in Cyprus.

Moreover, the registration will be set aside if:

• the judgment was registered in contravention of the Foreign Judgments (Reciprocal Enforcement) Law;
• the courts of the country of the original court had no jurisdiction;
• the judgment debtor did not (notwithstanding that process may have been duly served on it in accordance with the law of the country of the original court) receive notice to enable it to defend the proceedings and did not appear;
• the judgment was obtained by fraud;
• enforcement of the judgment would be contrary to public policy in the country of the registering court; or
• the rights under the judgment are not vested in the person by whom the application for registration was made.

As regards judgments issued by Ukrainian courts, Article 21 of the Agreement between the Republic of Cyprus and Ukraine on Legal Assistance in Civil Matters (L8(III)/2005) provides that a judgment will be recognised and enforced only if (the following list is not exhaustive):

• in the case of a judgment given in its absence, the defendant was duly notified of the institution of proceedings and of the place, date and time of the hearing in accordance with the law of the contracting party in the territory in which the decision was given;
• no judgment, which has become final, was previously given on the same subject matter between the same parties by a court of the requested contracting party;
• proceedings between the same parties on the same subject matter were not instituted before a court of the requested contracting party before the proceedings in which the decision in question was given;
• recognition or enforcement of the judgment would not be contrary to the public order of the requested contracting party;
• the judgment or its effects is not contrary to the fundamental principles and any law of the requested contracting party; and
• the judgment was not issued by a court without jurisdiction (the principles upon which jurisdiction is decided for the purpose of the Agreement between the Republic of Cyprus and Ukraine on Legal Assistance in Civil Matters are stipulated in Article 17).

As discussed in question 2.1, the Treaty between the Republic of Cyprus and the Union of Soviet Socialist Republics on Legal Assistance in Civil and Criminal Matters (L172/86) provides for similar qualifications (see Article 24). In addition, Article 29 of the treaty stipulates that a judgment debtor may object to the enforcement of a judgment before the competent court of the contracting party in whose territory the judgment is sought to be enforced upon grounds which are admissible under the law of the contracting party whose authority rendered the judgment.

Under common law, there are no discretionary grounds under which the court may decline to recognise a judgment.

Answer ... Generally, there is no limitation period for filing a challenge to an application for recognition and enforcement.

However:

• Section 5(1)(c) of Law 121(I)/2000 provides that an application for recognition and enforcement of a foreign judgment must be served on the respondent without delay; and
• Section 5(1)(d) stipulates that the respondent may, if it so wishes, file a written opposition to the application accompanied by an affidavit at least two days before the case is fixed for hearing.

Answer ... As regards judgments issued by courts of other EU member states, the court may suspend the proceedings, in whole or in part, if:

• the judgment is challenged in the member state of origin; or
• an application has been submitted for a decision that:
• • there are no grounds for refusal of recognition as referred to in Article 45 of EU Regulation 1215/2012; or
  • recognition should be refused on the basis of one of those grounds.

In addition, in the event of an application for refusal of enforcement of a judgment, the court in the member state addressed may, on the application of the party against which enforcement is sought, suspend the enforcement proceedings either wholly or partially. In addition, the competent authority in the member state addressed will, on the application of the party against which enforcement is sought, suspend the enforcement proceedings where the enforceability of the judgment is suspended in the member state of origin.