Recognition and enforcement of judgments

Bob Wessels and Defne Taşman

Chapter 8 in The European Insolvency Regulation, 2026, pp 75-83 from Edward Elgar Publishing

Abstract: EIR 2015 establishes automatic recognition and enforcement of insolvency judgments in other Member States as a core element of EU cross-border insolvency law. Opening, conducting and closing insolvency proceedings, insolvency judgments and closely related decisions are recognised across Member States without any intermediate procedure. Recognition gives these judgments EU-wide effect, while enforcement, which is largely governed by the Brussels I Regulation, provides their practical force without exequatur, with the law of the enforcing State governing procedural aspects of this execution. This framework replaces fragmented national approaches and transforms domestic insolvency judgments into effective European ones. The system is limited by specific regulatory exceptions. The CJEU narrowly interprets the public policy exception to allow refusal of recognition or enforcement only in exceptional cases involving manifest breaches of fundamental principles, such as the right to be heard or serious procedural defects. Overall, recognition and enforcement ensure efficiency, predictability, and effective asset recovery across the EU.

Keywords: Virgos–Schmit Report; Brussels I Regulation; Automatic Recognition; Enforcement of Judgments; Exequatur; Public Policy Exception (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035396436
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