The procedure [European Regulation in matters of international successions]

The procedure: Articles 46 to 55

The Regulation makes provision for the application of the procedure in the Member State of enforcement.
The request is submitted by the applicant who produces the foreign judgement accompanied by Form I, with these documents being translated at the request of the court seised.

Advice :

A translation by a sworn court translator should be requested systematically in order to proceed with the verifications required by Article 40^[1] notably to check that the defendant has had the opportunity to exercise his rights.

The Regulation does not make provision for contradictory proceedings in this first examination of the application, and the judge simply grants or refuses the enforceability of the foreign judgement in his State, based on the documents submitted and without any contradictory debate.
The applicant is informed of the judge’s decision in accordance with the procedure applicable in the Member State of enforcement.
When the foreign judgement is declared enforceable in the Member State of enforcement, notice of this decision is served to the party against whom enforcement is sought.
This decision granting or refusing enforceability may be appealed in front of the relevant authorities defined in Notification under Article 78.
The time for appealing is 30 days as of service of the decision to be appealed, or 60 days when the defendant is domiciled in another Member State,
The contradictory procedure is then applicable when examining this appeal and the court that is seised must give its decision without delay.
This decision on the appeal may be referred to the relevant authorities defined in Notification under Article 78.

Notes

Article 40
Grounds of non-recognition
A decision shall not be recognised:
- a) if such recognition is manifestly contrary to public policy (ordre public) in the Member State in which recognition is sought;
- b) where it was given in default of appearance, if the defendant was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable him to arrange for his defence, unless the defendant failed to commence proceedings to challenge the decision when it was possible for him to do so;
- c) if it is irreconcilable with a decision given in proceedings between the same parties in the Member State in which recognition is sought;
- d) if it is irreconcilable with an earlier decision given in another Member State or in a third State in proceedings involving the same cause of action and between the same parties, provided that the earlier decision fulfils the conditions necessary for its recognition in the Member State in which recognition is sought.