Tartu Maakohus; 2021-04-19; 2-18-12918/29
Decision by national courts in the field of European Union law — ECLI:EE:TMK:2021:2.18.12918.7497
Date: 2021-04-19
Subject matter: Judicial cooperation in civil matters
Origin: Estonia

82021EE0419(51)_ENG_SUMJURE
JURE summary
JURE summary
This case regards a request for a certificate to be used in connection with the recognition or enforcement of judgments addressed to the Tartu Maakohus (hereinafter ‘Court of First Instance’).
In 2020, the Court of First Instance, by its order, terminated the bankruptcy proceedings of a bankrupt debtor (hereinafter ‘the defendant’) pursuant to Article 158(4) and Article 168 of the PankrS (1) because the bankruptcy assets were insufficient to cover the costs of the bankruptcy proceedings. During the proceedings, the defendant did not object to the claim brought against it by the plaintiff.
In 2021, the plaintiff applied before the Court of First Instance for a certificate of enforceability of the 2020 order relying on the Brussels I Regulation and the Brussels I Regulation (recast).
The Court of First Instance held that the 2020 order must be understood as an enforceable document to the extent that the claim recognised by the defendant has been left unsatisfied in the bankruptcy proceedings.
According to the court, the Brussels I Regulation (recast) cannot be directly applied to this case because Article 1(2)(b) expressly excludes bankruptcy from the scope of this Regulation. However, these matters are governed by the Insolvency Regulation (recast) (4), which in Article 32 provides that the judgments that concern the closure of insolvency proceedings ‘shall be enforced in accordance with Articles 39 to 44 and 47 to 57 of [the Brussels I Regulation (recast)]’. Article 53 of the Brussels I Regulation (recast) then provides that ‘the court of origin shall, at the request of any interested party, issue the certificate using the form set out in Annex I’.
The Court of First Instance held that all the legal requirements to satisfy the plaintiff’s application were met and issued the requested certificate using the form set out in Annex I of the Brussels I Regulation (recast).
(1) Pankrotiseadus (Bankruptcy Act).
(2) Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
(3) 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.
(4) Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast).