Harju Maakohus; 2016-04-18; 2-16-1387/4
Decision by national courts in the field of European Union law — ECLI:EE:HMK:2016:2.16.1387.20877
Date: 2016-04-18
Subject matter: Judicial cooperation in civil matters;Lugano Convention
Origin: Estonia

82016EE0418(51)_ENG_SUMJURE
JURE summary
JURE summary
The parties to this dispute entered into a contract for the construction of a private house, but the defendant failed to perform the contract properly. The dispute was resolved in proceedings held in Norway, and the defendant was obliged to pay to the plaintiff damages.
The plaintiff applied before the Harju Maakohus (hereinafter ‘the Court of First Instance’) for the recognition and enforcement of the Norwegian judgment in the Republic of Estonia.
The Court of First Instance examined the application and confirmed its compliance with all requirements laid by TsMS (1). Since the subject of the application was a judgment adopted by the court of Norway, the Court of First Instance assessed the application from the perspective of the new Lugano Convention. Pursuant to Article 33(1) of the new Lugano Convention (2), ‘a judgment given in a State bound by this Convention shall be recognised in the other States bound by this Convention without any special procedure being required’. Article 41 of the Convention further provides that ‘the judgment shall be declared enforceable immediately on completion of the formalities in Article 53 without any review under Articles 34 and 35. The party against whom enforcement is sought shall not at this stage of the proceedings be entitled to make any submissions on the application’. The Court of First Instance approved that the plaintiff satisfied all conditions and formalities required by the new Lugano Convention.
Therefore, the Court of First Instance granted the application, recognized the Norwegian judgment and declared it enforceable in Estonia.
(1) Tsiviilkohtumenetluse seadustik (Code of Civil Procedure).
(2) Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.