Nejvyšší soud, usnesení ze dne 24/03/2011 20 Cdo 5180/2006 L.L.B. and L.Z.
Decision by national courts in the field of European Union law — ECLI:CZ:NS:2011:20.CDO.5180.2008.1
Date: 2011-03-24
Subject matter: Judicial cooperation in civil matters
Origin: Czechia

82011CZ0324(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The judgment creditor applied for a declaration of enforceability on a default judgment of the Bezirksgericht of Imst (AT) and sought an order from the Městský soud of Brně (CZ) for execution against the debtor’s property. The Austrian judgment was declared enforceable, and execution was ordered. On appeal, the Krajský soud of Brně (CZ) reversed that decision, reasoning that in a case where a judgment was served by being deposited with the court without any attempt to serve it directly on the debtor, service in that manner was contrary to public policy of the Czech Republic.
On a further appeal, the Nejvyšší soud (CZ) reverses that decision and declares the Austrian judgment enforceable. It states the creditor has submitted a copy of the judgment pursuant to Article 53 of the Brussels I Regulation and a certificate of enforceability pursuant to Articles 54 and 58 establishing that the judgment is enforceable in the country of origin. It states further that if the formalities required by Article 41 of the Brussels I Regulation are satisfied, the judgment has to be declared enforceable. The debtor can question its enforceability with the court of origin pursuant to that court’s national law. Public policy may be used only in exceptional cases as a reason for not recognising a decision when recognition of the effects of the foreign decision and not the recognition itself were manifestly contrary to public policy of the State addressed. The State addressed is not in a position to question the enforceability of the judgment of the court of origin, which is why a possible inaccuracy in service of a judgement could not be regarded as a breach of public policy.