In 2015, the Brussels I BIS Regulation succeeded the Brussels I Regulation in governing the procedure of recognition and enforcement of judgments in civil and commercial matters issued by courts in other Member States. Moreover, Brussels I BIS promotes the principle of mutual trust in the legal systems of the Member States and facilitates the free circulation of judicial decisions in the European Union. The exequatur procedure is no longer needed, as foreign judgment becomes automatically recognized and enforceable in all Member States at the same time as it becomes a final decision in the State of origin. The recognition and enforcement of a foreign judgment can only be refused in case a request on one or more of the grounds for refusal provided for in the Article 45 is made. Therefore, the national court of the Member State addressed must refuse to recognize and enforce a foreign judgment if such recognition or enforcement is manifestly contrary to the public policy in this Member State. The court addressed must also refuse to recognize a foreign judgment that constitutes an infringement of the principle of the contradictory procedure. Furthermore, a request can be made if the judgment is irreconcilable with another court decision or if it violates certain rules on jurisdiction. The European Court of Justice has often interpreted the latter grounds for refusal, therefore it has developed an extensive case law with regard to the application of Article 45 Brussels I BIS Regulation.
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