Nejvyšší soud Brnó, usnesení ze dne 14/07/2010 31 Cdo 2325/2008 L.L:B.W. against L.Ž.
Decision by national courts in the field of European Union law — ECLI:CZ:NS:2010:31.CDO.2325.2008.1
Date: 2010-07-14
Subject matter: Judicial cooperation in civil matters
Origin: Czechia

82010CZ0714(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The judgment creditor obtained an execution order from a Czech court to recover against the judgment debtor based on an enforceable decision of the Amtsgericht of Stuttgart (DE) dated 17.07.1995 in connection with a judgment of the Landgericht of Heilbronn dated 06.06.1997. The judgment debtor filed an appeal with the Krajský soud of Ostravě (CZ), which confirmed the decision of the first instance court, reasoning that the Brussels I Regulation could not be applied, as the execution order in the country of origin had been issued before 01.05.2004, when the Treaty of Accession of the Czech Republic entered into force, and that national stipulations on private international law were to be applied. The judgment debtor filed a further appeal.
The Nejvyšší soud (CZ) upholds the decision of the lower courts and states that Articles 32 et seq. of the Brussels I Regulation cannot be applied because the execution judgment was given in the country of origin before the Czech Republic joined the European Union and therefore before the Brussels I Regulation entered into force. With respect to Article 66, a decision can be recognised under the regime of the Brussels I Regulation only if the international jurisdiction rules between the state of origin and the state addressed were in agreement. Therefore, by virtue of Article 66(1), the Brussels I Regulation applies only in case of legal proceedings initiated and authentic instruments registered after its entry into force. Article 66 (2) stipulates two exceptions under (a) and (b), which apply only if the proceedings have been instituted in the Member State of origin before the entry into force of the Brussels I Regulation and the judgment was given after that date. The court concludes that a decision can be recognised and enforced under the Chapter III of the Brussels I Regulation only in such a situation, and only then if the decision was given after the entry into force of the Regulation in the state of origin.