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RECOGNITION OF JUDGMENTS ABROAD
Article 64, relating to the recognition of foreign judgments, provides that the foreign judgment is recognized in Italy without the need for any proceedings when:
a) the judge who issued it had jurisdiction over the case according to the principles of jurisdiction of the Italian legal system;
b) the document instituting the proceedings was brought to the defendant's attention in accordance with the law of the place where the proceedings took place and the essential rights of the defense were not violated;
c) the parties appeared in court according to the law of the place where the proceedings took place or default was declared in accordance with that law;
d) it has become final according to the law of the place where it was pronounced;
e) it is not contrary to another judgment issued by an Italian judge that has become final;
f) there is no pending case before an Italian judge for the same subject matter and between the same parties, which began before the foreign proceedings;
g) its provisions do not produce effects contrary to public order.
Article 65, on the other hand, concerning “measures” issued by foreign authorities, establishes that foreign measures relating to the capacity of persons, as well as to the existence of family relationships or rights of personality, have effect when they are issued by the authorities of the State whose law is referred to by the rules of Law (Italian) 218/1995 or produce effects in the legal system of that State, even if issued by authorities of another State, provided that they are not contrary to public order and the essential rights of the defense have been respected.
At the national level, Law 218/1995, which governs Private International Law, establishes the recognition of foreign judgments and measures without the need for any proceedings, although with certain limitations. Title IV of Law No. 218 of May 31, 1995, dedicated to the “effectiveness of foreign judgments and acts,” contains the rules in articles 64 to 71.
European Regulation
At the European level, Regulation (EC) 44/2001 (Brussels I) was initially adopted, which was based on the key principle, coinciding with that contained in the (Italian) Law 218/1995, according to which a judgment rendered in one Member State must be recognized in the other Member States without the need for any special procedure.
As of January 10, 2015, Regulation (EC) No. 44/2001 was replaced by Regulation (EU) No. 1215/2012, which provides for jurisdiction, recognition, and enforcement of judgments in civil and commercial matters.
Regulation EU 1215/2012 updates the previous Regulation EC 44/2001 on jurisdiction, with the aim of making it easier for judgments in civil and commercial matters to circulate within the European Union, in application of the principle of mutual recognition.
The regulation applies to civil and commercial matters and does not apply, however, to family law, bankruptcies, matters of succession, and 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, as of today a decision rendered in a country of the European Union will be recognized in other EU countries without the need for any specific procedure. If a judgment is recognized as enforceable in the country of origin, it will be enforceable in other EU countries without the need for any declaration of enforceability.
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