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HOMOLOGATION OF JUDGMENTS ABROAD
At the national level, Law 218/1995, regulating Private International Law, establishes the recognition of foreign judgments and measures, without the need for any proceedings, albeit with certain limitations. Title IV of Law 218 of 31 May 1995, dedicated to the "efficacy of foreign judgments and acts," contains the discipline in articles 64 to 71.Article 64, on the recognition of foreign judgments, provides that a foreign judgment is recognised in Italy without the need for recourse to any proceedings when:
(a) the court that issued it could hear the case in accordance with the principles of jurisdiction under Italian law
(b) the document instituting the proceedings was brought to the attention of the defendant in accordance with the law of the place where the proceedings took place and the essential rights of the defence were not violated
(c) the parties were entered in the proceedings in accordance with the law of the place where the trial took place or the default was declared in accordance with that law
(d) it has acquired the authority of a final decision under the law of the place where it was given; (e) it is not contrary to any other final decision of an Italian court
(f) there is no legal proceedings pending before an Italian court on the same cause of action and between the same parties which were instituted prior to the foreign proceedings
(g) its provisions do not produce effects contrary to public policy.
Article 65, providing instead for foreign 'measures', states that foreign measures relating to the capacity of persons, as well as to the existence of family relationships or personality rights, shall have effect when they have been pronounced by the authorities of the State whose law is referred to by the norms of Law 218/1995 or produce effects in the legal system of that State, even if pronounced by authorities of another State, provided that they are not contrary to public order and that the essential rights of the defence have been respected.
European Regulation
In the European context, Regulation (EC) No. 44/2001 (Brussels I) was initially adopted, which was based on the cardinal principle, coinciding with that contained in (Italian) Law 218/1995, according to which a judgment pronounced in one Member State must be recognised in the other Member States, without the need for any special procedure.As of 10 January 2015, Regulation (EC) No. 44/2001 was replaced by Regulation (EU) No. 1215/2012, which provides for jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
EU Regulation 1215/2012 updates the former EC Regulation 44/2001 on jurisdiction, with the aim of facilitating the circulation of judgments in civil and commercial matters within the European Union, applying the principle of mutual recognition. The regulation applies to civil and commercial matters and does not apply, however, to family law, bankruptcy, succession matters and the other matters listed in the regulation, such as social security and arbitration.With the abolition of the 'exequatur' procedure contained in the 'Brussels I' regulation, a judgment rendered in one EU country will now be recognised in the other EU countries without the need for any specific procedure. If a judgment is recognised as enforceable in the country of origin, it will be enforceable in the other EU countries without the need for any declaration of enforceability.
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