BETA


2021/0208(NLE) Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: accession by the European Union

Progress: Awaiting final decision

RoleCommitteeRapporteurShadows
Lead JURI PIGNEDOLI Sabrina (icon: NA NA) RADEV Emil (icon: EPP EPP), REPASI René (icon: S&D S&D), VÁZQUEZ LÁZARA Adrián (icon: Renew Renew), BREYER Patrick (icon: Verts/ALE Verts/ALE), STANCANELLI Raffaele (icon: ECR ECR), AUBRY Manon (icon: GUE/NGL GUE/NGL)
Lead committee dossier:
Legal Basis:
TFEU 081-p2, TFEU 218-p6a

Events

2022/06/23
   EP - Decision by Parliament
Details

The European Parliament adopted by 576 votes to 8, with 14 abstentions, a legislative resolution on the draft Council decision concerning the accession of the European Union to the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters.

Parliament gave its consent to the accession of the European Union to the Convention.

As a reminder, the aim of the Convention is to promote access to justice globally through enhanced judicial cooperation. In particular, it aims to reduce the risks and costs associated with cross-border litigation and dispute resolution, thereby facilitating international trade, investment and mobility.

The Convention applies to the recognition and enforcement of judgments in civil and commercial matters. It does not cover revenue, customs or administrative matters. It applies to the recognition and enforcement in a Contracting State of a judgment given by a court in another Contracting State. Recognition or enforcement may be refused only on the grounds set out in the Convention.

Documents
2022/06/16
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2022/06/16
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2022/06/14
   EP - Vote in committee
2022/03/30
   EP - PIGNEDOLI Sabrina (NA) appointed as rapporteur in JURI
2021/12/16
   EP - Committee referral announced in Parliament
2021/12/13
   EC - Legislative proposal published
Details

PURPOSE: accession by the European Union to the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the Convention on Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters under the auspices of the Hague Conference on Private International Law was concluded on 2 July 2019. The Union participated actively in the negotiations leading up to the adoption of the Convention and shares its goals.

Currently, Union citizens and businesses seeking to have a judgment given in the Union recognised and enforced in a non-Union country face a scattered legal landscape due to the absence of a comprehensive international framework for the recognition and enforcement of foreign judgments in civil and commercial matters.

The growth in international trade and investment flows increases these legal risks for Union businesses and citizens but this situation should be addressed through a predictable system of cross-border recognition and enforcement of judgments in civil or commercial matters.

As the Convention affects Union legislation, in particular Regulation (EU) No 1215/2012 of the European Parliament and of the Council, the Union has exclusive competence for all matters governed by the Convention.

CONTENT: the Council's draft concerns the approval, on behalf of the Union, of the accession of the European Union to the Convention on the recognition and enforcement of foreign judgments in civil or commercial matters .

The aim of the Convention is to promote access to justice globally through enhanced judicial cooperation . In particular, the Convention aims to reduce the risks and costs associated with cross-border litigation and dispute resolution, thereby facilitating international trade, investment and mobility.

The Convention applies to the recognition and enforcement of judgments in civil and commercial matters. It does not cover revenue, customs or administrative matters. It applies to the recognition and enforcement in a Contracting State of a judgment given by a court in another Contracting State. Recognition or enforcement may be refused only on the grounds set out in the Convention.

When acceding to the Convention, the Union would have to declare that it has jurisdiction over all matters governed by the Convention. Consequently, the Member States would be bound by the Convention by virtue of the Union's accession.

The Union will also have to declare that it will not apply the Convention to commercial leases (tenancies) of immovable property situated in the EU.

Ireland is taking part in the adoption of this Decision, while Denmark is not.

Documents
2021/07/16
   EC - Document attached to the procedure
Documents
2021/07/16
   EC - Document attached to the procedure
2021/07/16
   EC - Document attached to the procedure
2021/07/16
   EP - Preparatory document
Details

PURPOSE: accession by the European Union to the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the Convention on Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters under the auspices of the Hague Conference on Private International Law was concluded on 2 July 2019. It seeks to promote access to justice globally through enhanced international judicial cooperation. In particular, it aims to reduce risks and costs associated with cross-border litigation and dispute resolution.

Currently, EU citizens and businesses seeking to have a judgment given in the EU recognised and enforced in a non-Union country face a scattered legal landscape due to the absence of a comprehensive international framework for the recognition and enforcement of foreign judgments in civil and commercial matters. Those engaging in international litigation have to invest resources, time and often external expertise to prepare a robust litigation strategy.

In addition, because the enforcement of EU judgments in non-EU countries is uncertain, the right of access to justice of EU businesses and citizens is hampered.

The Commission considers it necessary to remedy this situation through a predictable system of cross-border recognition and enforcement of judgments in civil and commercial matters.

CONTENT: the Commission proposes that the EU becomes a contracting party to the Hague Convention of 2 July 2019 on the recognition and enforcement of foreign judgments in civil and commercial matters, without the Member States, if the Council wishes.

The objectives of this proposal are to enhance access to justice for EU parties by facilitating the recognition and enforcement of judgments given by courts in the EU wherever the debtor happens to have assets, to increase legal certainty for businesses and citizens involved in international dealings and to decrease costs and length of proceedings in cross-border court litigation.

At the same time, this proposal would seek to allow the recognition and enforcement of third-country judgments in the EU only where fundamental principles of EU law are respected and the internal acquis is not affected.

The Judgments Convention, adopted under the auspices of the Hague Conference on Private International Law (HCCH), aims at promoting effective access to justice for all and facilitating rules-based multilateral trade and investment, and mobility, through judicial co-operation.

The negotiations of the Judgments Convention were successfully concluded in July 2019 and the Convention is currently open for signature, ratification, or accession. Should the European Union accede to the Judgments Convention as proposed by the Commission, the Convention would apply to the recognition and enforcement of incoming and outgoing judgments among the EU Member States and other Contracting States of the Convention.

When acceding to the Convention, the EU should declare that it exercises competence over all the matters governed by the Convention. Consequently, the Member States should be bound by the Convention by virtue of its conclusion by the Union.

The EU should also declare that it will not apply the Convention to commercial leases (tenancies) of immovable property situated in the EU.

Ireland participates in the adoption of the decision. EU accession to the Judgments Convention does not include Denmark.

Documents

  • Decision by Parliament: T9-0261/2022
  • Committee report tabled for plenary, 1st reading/single reading: A9-0177/2022
  • Committee report tabled for plenary, 1st reading/single reading: A9-0177/2022
  • Legislative proposal published: 13494/2021
  • Document attached to the procedure: SEC(2021)0279
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2021)0192
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2021)0193
  • Preparatory document: COM(2021)0388
  • Preparatory document: EUR-Lex
  • Document attached to the procedure: SEC(2021)0279
  • Document attached to the procedure: EUR-Lex SWD(2021)0192
  • Document attached to the procedure: EUR-Lex SWD(2021)0193
  • Committee report tabled for plenary, 1st reading/single reading: A9-0177/2022

Votes

Convention sur la reconnaissance et l’exécution des jugements étrangers en matière civile ou commerciale: adhésion de l'Union européenne - Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: accession by the European Union - Beitritt der Europäischen Union zum Übereinkommen über die Anerkennung und Vollstreckung ausländischer Entscheidungen in Zivil- und Handelssachen - A9-0177/2022 - Sabrina Pignedoli - Projet de décision du Conseil #

2022/06/23 Outcome: +: 576, 0: 14, -: 8
DE IT FR ES PL RO BE NL CZ SE AT PT BG DK HU EL IE SK FI HR LT SI CY LU MT EE LV
Total
85
65
62
48
48
28
20
28
19
19
16
20
13
13
13
17
12
12
10
10
8
6
6
6
5
5
4
icon: PPE PPE
151

Denmark PPE

For (1)

1

Finland PPE

1
2

Luxembourg PPE

2

Malta PPE

For (1)

1

Estonia PPE

For (1)

1
icon: S&D S&D
120

Czechia S&D

For (1)

1

Bulgaria S&D

2

Greece S&D

For (1)

1

Slovakia S&D

For (1)

1

Finland S&D

1

Croatia S&D

2

Lithuania S&D

For (1)

1

Slovenia S&D

For (1)

1

Cyprus S&D

2

Luxembourg S&D

For (1)

1

Estonia S&D

2

Latvia S&D

2
icon: Renew Renew
93

Italy Renew

3

Poland Renew

1
3

Austria Renew

For (1)

1

Hungary Renew

2

Greece Renew

1

Ireland Renew

2

Finland Renew

2

Croatia Renew

For (1)

1

Lithuania Renew

1

Slovenia Renew

For (1)

1

Luxembourg Renew

2

Estonia Renew

2

Latvia Renew

For (1)

1
icon: Verts/ALE Verts/ALE
66

Spain Verts/ALE

2

Poland Verts/ALE

For (1)

1

Belgium Verts/ALE

3

Netherlands Verts/ALE

3

Czechia Verts/ALE

3

Sweden Verts/ALE

3

Austria Verts/ALE

3

Portugal Verts/ALE

1

Denmark Verts/ALE

1

Ireland Verts/ALE

2

Finland Verts/ALE

3

Lithuania Verts/ALE

2

Luxembourg Verts/ALE

For (1)

1
icon: ECR ECR
53

Germany ECR

1

Romania ECR

1

Netherlands ECR

4

Sweden ECR

2

Bulgaria ECR

For (1)

1

Slovakia ECR

For (1)

1

Croatia ECR

1
icon: ID ID
53

Belgium ID

2

Netherlands ID

Against (1)

1

Czechia ID

For (1)

1
3

Denmark ID

For (1)

1

Finland ID

2
icon: The Left The Left
33

Germany The Left

3

Belgium The Left

For (1)

1

Netherlands The Left

For (1)

1

Czechia The Left

1

Sweden The Left

For (1)

1

Portugal The Left

4

Denmark The Left

1

Finland The Left

For (1)

1

Cyprus The Left

2
icon: NI NI
29

Germany NI

2

France NI

2

Slovakia NI

Abstain (1)

2

Croatia NI

Abstain (1)

2

Latvia NI

1

History

(these mark the time of scraping, not the official date of the change)

procedure/Other legal basis
Old
Rules of Procedure EP 159
New
Rules of Procedure EP 165
procedure/Other legal basis
Old
Rules of Procedure EP 159
New
Rules of Procedure EP 165
procedure/Other legal basis
Old
Rules of Procedure EP 159
New
Rules of Procedure EP 165
procedure/Other legal basis
Old
Rules of Procedure EP 159
New
Rules of Procedure EP 165
procedure/Other legal basis
Old
Rules of Procedure EP 159
New
Rules of Procedure EP 165
procedure/Other legal basis
Old
Rules of Procedure EP 159
New
Rules of Procedure EP 165
procedure/Other legal basis
Old
Rules of Procedure EP 159
New
Rules of Procedure EP 165
events/5/docs/0/url
https://www.europarl.europa.eu/doceo/document/TA-9-2022-0261_EN.html
docs/4
date
2022-06-23T00:00:00
docs
title: T9-0261/2022
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/5/summary
  • The European Parliament adopted by 576 votes to 8, with 14 abstentions, a legislative resolution on the draft Council decision concerning the accession of the European Union to the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters.
  • Parliament gave its consent to the accession of the European Union to the Convention.
  • As a reminder, the aim of the Convention is to promote access to justice globally through enhanced judicial cooperation. In particular, it aims to reduce the risks and costs associated with cross-border litigation and dispute resolution, thereby facilitating international trade, investment and mobility.
  • The Convention applies to the recognition and enforcement of judgments in civil and commercial matters. It does not cover revenue, customs or administrative matters. It applies to the recognition and enforcement in a Contracting State of a judgment given by a court in another Contracting State. Recognition or enforcement may be refused only on the grounds set out in the Convention.
docs/4
date
2022-06-23T00:00:00
docs
title: T9-0261/2022
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/5
date
2022-06-23T00:00:00
type
Decision by Parliament
body
EP
docs
title: T9-0261/2022
forecasts
  • date: 2022-06-23T00:00:00 title: Vote in plenary scheduled
procedure/stage_reached
Old
Awaiting Parliament's vote
New
Awaiting final decision
docs/3/docs/0/url
https://www.europarl.europa.eu/doceo/document/A-9-2022-0177_EN.html
events/4/docs/0/url
https://www.europarl.europa.eu/doceo/document/A-9-2022-0177_EN.html
docs/3
date
2022-06-16T00:00:00
docs
title: A9-0177/2022
type
Committee report tabled for plenary, 1st reading/single reading
body
EP
events/4
date
2022-06-16T00:00:00
type
Committee report tabled for plenary, 1st reading/single reading
body
EP
docs
title: A9-0177/2022
procedure/stage_reached
Old
Awaiting committee decision
New
Awaiting Parliament's vote
forecasts/0
date
2022-06-23T00:00:00
title
Vote in plenary scheduled
forecasts/0
date
2022-06-22T00:00:00
title
Indicative plenary sitting date
events/3
date
2022-06-14T00:00:00
type
Vote in committee
body
EP
procedure/Other legal basis
Rules of Procedure EP 159
committees/0
type
Responsible Committee
body
EP
committee_full
Legal Affairs
committee
JURI
associated
False
rapporteur
name: PIGNEDOLI Sabrina date: 2022-03-30T00:00:00 group: Non-attached Members abbr: NA
shadows
committees/0
type
Responsible Committee
body
EP
committee_full
Legal Affairs
committee
JURI
associated
False
rapporteur
name: PIGNEDOLI Sabrina date: 2022-03-30T00:00:00 group: Non-attached Members abbr: NA
shadows
name: REPASI René group: Group of Progressive Alliance of Socialists and Democrats abbr: S&D
events/0
date
2021-07-16T00:00:00
type
Preparatory document
body
EP
docs
summary
events/0
date
2021-07-16T00:00:00
type
Preparatory document
body
EP
docs
summary
forecasts
  • date: 2022-06-22T00:00:00 title: Indicative plenary sitting date
committees/0/shadows
  • name: REPASI René group: Group of Progressive Alliance of Socialists and Democrats abbr: S&D
committees/0/rapporteur
  • name: PIGNEDOLI Sabrina date: 2022-03-30T00:00:00 group: Non-attached Members abbr: NA
docs/3
date
2021-12-13T00:00:00
docs
title: 13494/2021
type
Legislative proposal
body
CSL
events/1/summary
  • PURPOSE: accession by the European Union to the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters.
  • PROPOSED ACT: Council Decision.
  • ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.
  • BACKGROUND: the Convention on Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters under the auspices of the Hague Conference on Private International Law was concluded on 2 July 2019. The Union participated actively in the negotiations leading up to the adoption of the Convention and shares its goals.
  • Currently, Union citizens and businesses seeking to have a judgment given in the Union recognised and enforced in a non-Union country face a scattered legal landscape due to the absence of a comprehensive international framework for the recognition and enforcement of foreign judgments in civil and commercial matters.
  • The growth in international trade and investment flows increases these legal risks for Union businesses and citizens but this situation should be addressed through a predictable system of cross-border recognition and enforcement of judgments in civil or commercial matters.
  • As the Convention affects Union legislation, in particular Regulation (EU) No 1215/2012 of the European Parliament and of the Council, the Union has exclusive competence for all matters governed by the Convention.
  • CONTENT: the Council's draft concerns the approval, on behalf of the Union, of the accession of the European Union to the Convention on the recognition and enforcement of foreign judgments in civil or commercial matters .
  • The aim of the Convention is to promote access to justice globally through enhanced judicial cooperation . In particular, the Convention aims to reduce the risks and costs associated with cross-border litigation and dispute resolution, thereby facilitating international trade, investment and mobility.
  • The Convention applies to the recognition and enforcement of judgments in civil and commercial matters. It does not cover revenue, customs or administrative matters. It applies to the recognition and enforcement in a Contracting State of a judgment given by a court in another Contracting State. Recognition or enforcement may be refused only on the grounds set out in the Convention.
  • When acceding to the Convention, the Union would have to declare that it has jurisdiction over all matters governed by the Convention. Consequently, the Member States would be bound by the Convention by virtue of the Union's accession.
  • The Union will also have to declare that it will not apply the Convention to commercial leases (tenancies) of immovable property situated in the EU.
  • Ireland is taking part in the adoption of this Decision, while Denmark is not.
events/2
date
2021-12-16T00:00:00
type
Committee referral announced in Parliament
body
EP
procedure/dossier_of_the_committee
  • JURI/9/06886
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
docs/3
date
2021-12-13T00:00:00
docs
title: 13494/2021
type
Legislative proposal
body
CSL
events/1
date
2021-12-13T00:00:00
type
Legislative proposal published
body
EC
docs
title: 13494/2021
commission
  • body: EC dg: Justice and Consumers commissioner: REYNDERS Didier
docs/0
date
2021-07-16T00:00:00
docs
type
Preparatory document
body
EC
events/0/summary
  • PURPOSE: accession by the European Union to the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters.
  • PROPOSED ACT: Council Decision.
  • ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.
  • BACKGROUND: the Convention on Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters under the auspices of the Hague Conference on Private International Law was concluded on 2 July 2019. It seeks to promote access to justice globally through enhanced international judicial cooperation. In particular, it aims to reduce risks and costs associated with cross-border litigation and dispute resolution.
  • Currently, EU citizens and businesses seeking to have a judgment given in the EU recognised and enforced in a non-Union country face a scattered legal landscape due to the absence of a comprehensive international framework for the recognition and enforcement of foreign judgments in civil and commercial matters. Those engaging in international litigation have to invest resources, time and often external expertise to prepare a robust litigation strategy.
  • In addition, because the enforcement of EU judgments in non-EU countries is uncertain, the right of access to justice of EU businesses and citizens is hampered.
  • The Commission considers it necessary to remedy this situation through a predictable system of cross-border recognition and enforcement of judgments in civil and commercial matters.
  • CONTENT: the Commission proposes that the EU becomes a contracting party to the Hague Convention of 2 July 2019 on the recognition and enforcement of foreign judgments in civil and commercial matters, without the Member States, if the Council wishes.
  • The objectives of this proposal are to enhance access to justice for EU parties by facilitating the recognition and enforcement of judgments given by courts in the EU wherever the debtor happens to have assets, to increase legal certainty for businesses and citizens involved in international dealings and to decrease costs and length of proceedings in cross-border court litigation.
  • At the same time, this proposal would seek to allow the recognition and enforcement of third-country judgments in the EU only where fundamental principles of EU law are respected and the internal acquis is not affected.
  • The Judgments Convention, adopted under the auspices of the Hague Conference on Private International Law (HCCH), aims at promoting effective access to justice for all and facilitating rules-based multilateral trade and investment, and mobility, through judicial co-operation.
  • The negotiations of the Judgments Convention were successfully concluded in July 2019 and the Convention is currently open for signature, ratification, or accession. Should the European Union accede to the Judgments Convention as proposed by the Commission, the Convention would apply to the recognition and enforcement of incoming and outgoing judgments among the EU Member States and other Contracting States of the Convention.
  • When acceding to the Convention, the EU should declare that it exercises competence over all the matters governed by the Convention. Consequently, the Member States should be bound by the Convention by virtue of its conclusion by the Union.
  • The EU should also declare that it will not apply the Convention to commercial leases (tenancies) of immovable property situated in the EU.
  • Ireland participates in the adoption of the decision. EU accession to the Judgments Convention does not include Denmark.