Originally from Enforcement of Money Judgments

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I.  PRESENT ATTITUDE TOWARD THE ENFORCEMENT OF FOREIGN MONEY JUDGMENTS

A. Receptiveness of the Belgian government (and the judiciary) to the enforcement of foreign money judgments.

The Belgian courts follow a liberal enforcement policy with regard to judgments handed down in jurisdictions with which Belgium is bound by an international convention or other instrument on the mutual recognition and enforcement of judgments.

Belgium has concluded a limited number of bilateral conventions, with France, the Netherlands, the United Kingdom, the Federal Republic of Germany, Italy, Switzerland and Austria.

With regard to money judgments, these bilateral conventions hardly have any practical relevance as they are superseded by:

• The Convention on jurisdiction and the enforcement of judgments in civil and commercial matters signed in Brussels on 27 September 1968  as amended by the Convention of the accession to the 1968 Convention of the Hellenic Republic signed on 25 October 1982,  the Convention of the accession to the 1968 Convention of Denmark, the Republic of Ireland and the United Kingdom signed on 9 October 1978  and the San Sebastian Convention of 26 May 1989 whereby Spain and Portugal acceded to the Brussels Convention  (the “Brussels Convention”);

• More importantly, the Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition of judgments in civil and commercial matters  (the “Brussels I Regulation”) which replaced the Brussels Convention. On 10 January 2013 a recast of the Brussels I Regulation entered into force and replaced the former Brussels I Regulation (Council Regulation (EU) No 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters) (the “Brussels Ibis Regulation).  The Brussels Ibis Regulation will apply to judgments rendered on or after 10 January 2015