THE CONCEPT OF A JUDGMENT UNDER THE BRUSSELS IBIS REGULATION

Abstract

The Brussels Ibis Regulation (hereinafter – the Regulation) established the free movement of judgments and mutual trust in civil
and commercial matters among Member States. However, the Regulation does not provide a clear answer as to whether all decisions of the
courts of Member States fall within the scope of this regulation. Although the Regulation introduces the concept of a judgment, it provides
only a list of exemplary court documents, which is not exhaustive. This article analyzes the criteria by which the decisions of Member
States must be evaluated to ensure their enforceability is recognized across borders. The article also suggests one broad interpretation of
the requirement for a court decision to be rendered in adversarial proceedings in order to also include default judgments, court orders and
court settlements therein. The author submits that only such a wide interpretation meets the goals of Regulation and is aligned with the
political will it enshrines. Finally, the article analyzes whether the decisions of Member States made based on the decisions of third States
or in matters of their recognition fall within the scope of application of the Regulation.