Malta
Answer ... The recognition of a foreign judgment is a precursor to its enforcement. An application for recognition of a foreign judgment is filed in order to give the judgment the same effect in Malta as exists in the country of origin. Once the judgment has been recognised, it can be enforced as an executive title.
Malta
Answer ... Brussels Regulation and Lugano Convention: An application must be filed before the First Hall of the Civil Court requesting recognition and enforcement of the judgment. This must be accompanied by an authenticated copy of the judgment, together with an authenticated translation of the judgment into Maltese or English. The standard certificate found in Annex V of the regulation issued by the court of origin must also be included.
The application must be served on the defendant. Once the above criteria are satisfied, the court will proceed to recognise the judgment. The defendant retains a right to appeal under Article 827 of the Code of Organisation and Civil Procedure.
Brussels Recast Regulation: This regulation simplified the procedure for recognition and enforcement. Recognition requires the submission of:
- a certified copy of the judgment;
- a certified translation of the judgment into Maltese or English; and
- a certificate according to Article 53 of the regulation issued by the state of origin, containing an extract of the judgment and relevant information on the recoverable costs of the proceedings and the calculation of interest.
The certificate and judgment must be served on the party against which enforcement is sought.
Non-EU judgments under Title V of the Code of Organisation and Civil Procedure: An application must be filed before the First Hall of the Civil Court, accompanied by a certified copy of the original judgment, together with a certified translation into Maltese or English language and a certificate of no appeal.
Malta
Answer ... See question 3.2.
Malta
Answer ... The court fees to file an application for recognition and enforcement of a foreign judgment typically do not exceed €100. These figures do not include legal fees.
Malta
Answer ... There is no timeframe that one can rely on when seeking a declaration of enforceability. This largely depends on the caseload of the judge appointed to hear the case and on whether the application is defended.
Malta
Answer ... The Maltese courts do not have a system of injunctive relief; however, an applicant can seek to have provisional orders granted in the interim in order to secure its claim. Examples of such provisional orders include:
- a garnishee order, which is akin to a freezing order; and
- a warrant of seizure of moveable or immoveable property.