Malta - Enforcement of Money Judgments

The enforcement in Malta of judgments rendered by foreign courts, including those relating to money obligations, is entrusted to the ordinary courts established by law. The Executive does not intervene therein by virtue of the principle of the separation of powers, which, has been applied constantly by our courts and respected by elected governments.

The recognition of foreign judgments is regulated by the Code of Organization and Civil Procedure (COCP), Chapter 12 of the Laws of Malta. This establishes that a judgment delivered by a competent court outside Malta, may be enforced by the competent court in Malta, in the same manner as judgments delivered in Malta. The COCP applies to all judgments, however for the enforcement of judgments emanating from an EU member states one has to also consider that there are a number of EU regulations which also apply. This is important as the law stipulates that there should be a discrepancy between any EU Regulations on the matter and the provisions of the COCP than it is the provisions of the regulations which shall prevail.

Furthermore, for judgments emanating from the UK the British Judgments (Reciprocal Enforcement) Act (Chapter 52 of the Laws of Malta) also applies, in addition to the COCP. The second exception is the Maintenance Orders (Facilities for Enforcement) Ordinance Chapter 48 of the Laws of Malta. These exceptions apply only to the U.K. and its dependencies.

Sections 825A through 828 of the COCP delineate the procedure to be followed when one seeks to enforce a foreign judgment. Section 826 lays down that foreign judgment which has become res judicata (meaning that such judgment is final and not still subject to an appeal, can be enforced in Malta upon an application containing a demand to the competent Court for the enforcement of such. The obvious advantage of this procedure is that the facts of the case need not be heard again.