Nejvyšší soud Ceské republiky, usnesení ze dne 18/04/2007
Decision by national courts in the field of European Union law — ECLI:CZ:NS:2007:20.CDO.710.2006.1
Date: 2007-04-18
Subject matter: Judicial cooperation in civil matters
Origin: Czechia

82007CZ0418(01)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Krajský soud (Regional Court - appellate court) in Plzeň (CZ) affirmed the decision of a court of first instance, dismissing an application for a declaration of enforceability on the judgment by a Slovak court dated 23 October 2003 against the debtor, who was domiciled in the Slovak Republic, for payment of maintenance. Both courts agreed that the Brussels I Regulation applies to the case because the execution proceedings had been instituted after the entry into force of the Regulation in both States, i.e., after both States had joined the EU. The debt creditor did not fulfil the conditions required by the Regulation for a declaration of enforceability, as she did not submit a certificate pursuant to Article 54.
The Nejvyšší soud (Supreme Court) (CZ) lifts the decision and holds that the interpretation of the phrase "legal proceedings instituted... after the entry into force" of the Regulation, included in Article 66 (1) Brussels I Regulation, to restrict the phrase only to execution proceedings is not correct. This term also includes the trial proceedings in which the enforceable judgment is issued. This interpretation is suppported by the wording of Article 66(2). In this case, the enforceable judgment had already been issued before the Regulation entered into force in the respective States.