16 November 2023
Recognition of Foreign Judgments in Ireland
Our team of Irish solicitors can provide you with legal representation on the recognition of foreign judgments in Ireland.
Recognition of foreign judgments in Ireland is performed in accordance with specific legislation in this sense. Foreign investors who want to enforce the recognition of a decision imposed by the legislation of a foreign country can address to our team of Irish lawyers on this matter. Our attorneys can provide assistance on the provisions of this legislation, which may differ in accordance with the country in which the case has been settled.
Irish legislation for the recognition of foreign judgments
The recognition of foreign judgments in Ireland is done in accordance with the country of origin where the judgments have been established. As such, the main rule of law for the enforcement of foreign judgments, regardless if they are civil or commercial matters, is Regulation (EU) No 1215/2012 (Brussels I Recast), which replaced Council Regulation No. 44/2001 from 10 January 2015. The law is available for foreign judgments established within the European Union’s member states.
The legislation applicable in this sense for judgments between member states of the European Union (EU) and members of the European Free Trade Association (EFTA) is the Lugano Convention. The Convention applies to Iceland, Norway and Switzerland (Liechtenstein, an EFTA member, is not a party). EFTA is comprised of the following states:
• Iceland;
• Liechtenstein;
• Norway;
• Switzerland.
Our team of Irish solicitors can provide you with assistance on the procedure to recognize a foreign judgment in Ireland.
Legal procedure for the recognition of foreign judgments in Ireland
A foreign judgment in Ireland is recognized by the statutory bodies in accordance with the provisions of the Regulation (EU) No 1215/2012. In this sense, articles 36 to 57 stipulate the procedure for the legal judgments set out on the EU’s territory.
The first step for the recognition of a foreign judgment established under the legislation of an EU member state is, since 10 January 2015, no longer a declaration of enforceability (the judgment is enforced on production of a copy and the Article 53 certificate); an application to the Master of the High Court in Ireland is still needed for Lugano Convention judgments. The application should contain two main documents: Notice of Motion and Grounding Affidavit; at the same time, according with the stipulations of the Article 53, the person is required to file the original judgment or an authenticated copy of the document, as well as documents which can provide all the required information on the case which was settled in the respective EU country.
The High Court will analyze the case and offer the legal recognition of the decision set out in an EU court, but it is important to know that the court can refuse the recognition on the grounds of jurisdiction or other legal reasoning.
If you need further information on the recognition of foreign judgments in Ireland, please contact our team of Irish solicitors, who can provide you with legal assistance for this procedure.