Prim Awla tal-Qorti Civili; 2020-10-15; G.C. s.p.a vs Palumbo Malta Shipyard Limited; 876/2018
Decision by national courts in the field of European Union law — ECLI:MT:CIVP:2020:123530
Date: 2020-10-15
Subject matter: Judicial cooperation in civil matters
Origin: Malta

82020MT1015(51)_ENG_SUMJURE
JURE summary
JURE summary
This case regards the recognition and enforcement of a foreign judgment, which was challenged in the Member State of origin, resolved by the Prim'Awla tal-Qorti Civili (hereinafter ‘the Court of First Instanceʼ).
An Italian company (hereinafter ‘the plaintiff’) applied before the Court of First Instance for the recognition and enforcement of a judgment issued by the Tribunale di Napoli, Italy. The plaintiff provided the original version of the Italian judgment, its translation into Maltese language, as well as the certificate issued pursuant to Article 53 of the Brussels I Regulation (recast) (1). In its reply, the defendant presented evidence that the Italian judgment which was sought to be recognised and enforced in Malta was the object of a pending appeal in Italy.
The Court of First Instance cited Article 36 of the Brussels I Regulation (recast), according to which ‘a judgment given in a Member State shall be recognised in the other Member States without any special procedure being required’ and Article 39 according to which ‘a judgment given in a Member State which is enforceable in that Member State shall be enforceable in the other Member States without any declaration of enforceability being required’.
However, the Court of First Instance cited Article 38(a) of the said Regulation which provides that ‘the court or authority before which a judgment given in another Member State is invoked may suspend the proceedings, in whole or in part, if the judgment is challenged in the Member State of origin’. The Court confirmed that the evidence presented clearly shows that the judgment for which recognition is being sought in Malta is being challenged in Corte d'Appello di Napoli, Italy.
The Court of First Instance held that a judgment which is subject to an appeal in a Member State of origin cannot be recognised in another Member State, irrespective of any documentation which the plaintiff obtained from the Italian court (including certificate pursuant to Article 53).
Therefore, the application for recognition and enforceability must be dismissed.
(1) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.