Answer ... To gain a comprehensive understanding of the applicable legal framework, it is crucial to consider the various rules that apply. This will be elucidated by reference to judgments issued by the courts of EU member states, the United Kingdom, Russia and Ukraine.
As discussed above, judgments issued by the courts of EU member states are recognised and enforced pursuant to the provisions of EU Regulation 1215/2012. Article 2 of the regulation defines the judgments which can be recognised and enforced as follows: “Any judgment given by a court or tribunal of an EU member state, whatever the judgment may be called, including a decree, order, decision or writ of execution, as well as the determination of costs or expenses by an officer of the court.”
The term ‘judgment’ includes provisional – including protective – measures; but it does not include provisional – including protective – measures which are ordered by such a court or tribunal without the defendant being summoned to appear, unless the judgment containing the measure is served on the defendant prior to enforcement.
In addition, the regulation does not extend to:
- revenue, customs or administrative matters; or
- the liability of the state for acts and omissions in the exercise of state authority.
It also does not apply to matters involving:
- the status or legal capacity of natural persons, rights in property arising from a matrimonial relationship or out of a relationship deemed by the law applicable to such relationship to have comparable effects to marriage;
- bankruptcy proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings;
- social security;
- arbitration;
- maintenance obligations arising from a family relationship, parentage, marriage or affinity; or
- wills and succession, including maintenance obligations arising by reason of death.
Judgments issued by the courts of the United Kingdom are recognised and enforced pursuant to the Foreign Judgments (Reciprocal Enforcement) Law. According to the act, the term ‘judgment’ means a judgment or order given or made by a court in any civil proceedings, or a judgment or order given or made by a court in any criminal proceedings for the payment of a sum of money in respect of compensation or damages to any injured party. In addition, the ‘judgment’ must be final and conclusive and amenable to execution in the country of origin. That said, a judgment will be deemed to be final and conclusive notwithstanding that an appeal may be pending against it, or that it may still be subject to appeal.
Judgments issued by courts of Russia, Georgia and Belarus are recognised and enforced pursuant to the Treaty between the Republic of Cyprus and the Union of Soviet Socialist Republics on Legal Assistance in Civil and Criminal Matters (L172/86). According to Article 23 of the treaty, judgments amenable to enforcement are:
- judgments rendered in civil matters and amicable settlements approved by court;
- judgments for the payment of legal costs; and
- judgments in criminal matters concerning the payment of damages and other civil law claims.
In addition, the following restrictions apply:
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The judgment must be final and enforceable under the law of the contracting state in the territory of which it was given;
- Where a party failed to appear, that party must have been duly notified in sufficient time under the law of the contracting state in the territory of which the judgment was given;
- The proceeding must not fall within the exclusive competence of an authority of the contracting party in the territory of which the judgment is to be recognised and enforced;
- No final judgment must have been rendered previously in relation to the same subject matter between the same parties in the territory of the contracting party where the judgment is to be recognised and enforced; and
- Proceedings between the same parties on the same subject matter must not be pending before a judicial authority of the requested contracting party and the proceedings must have been the first to be instituted.
Lastly, judgments issued by the courts of Ukraine are recognised and enforced pursuant to the Agreement between the Republic of Cyprus and Ukraine on Legal Assistance in Civil Matters (L8(III)/2005). Such judgments include:
- decisions of courts in civil matters (including family matters and amicable settlements approved by court); and
- decisions of courts in criminal matters concerning damages.
According to Article 21 of the agreement, such decisions will be recognised and enforced if they meet the following conditions:
- The decision is final and enforceable by means of execution under the laws of the contracting party in the territory of which it was given;
- Where the decision was issued in the absence of the defendant, it was duly notified of the institution of proceedings and of the place, date and time of the hearing in accordance with the law of the contracting party in the territory of which the decision was given;
- A final decision has not already been issued in relation to the same subject matter between the same parties by a court of the requested contracting party;
- Proceedings between the same parties on the same subject matter have not been instituted before a court of the state of the requested contracting party before the proceedings in which the decision in question was issued;
- Recognition or enforcement of the decision would not be contrary to the public order of the requested contracting party;
- The decision or its effects is not contrary to the fundamental principles or laws of the state of the requested contracting party; and
- The decision was not issued by a court without jurisdiction (the principles upon which jurisdiction is decided for the purpose of the Agreement between the Republic of Cyprus and Ukraine on Legal Assistance in Civil Matters are stipulated in Article 17).