Judgment of a court of an EU Member State — no declaration of enforceability
Under Article 39 of Regulation (EU) No 1215/2012 (Brussels I bis), a judgment given in a Member State which is enforceable in that Member State is enforceable in the other Member States without any declaration of enforceability being required. Under Article 41(1), it is enforced in the Member State addressed under the same conditions as a judgment given in that State — in Slovakia, therefore, in enforcement proceedings. Under Article 2(a), a judgment is any judgment given by a court or tribunal of a Member State, whatever the judgment may be called. For the purposes of enforcement, the applicant provides under Article 42(1) a copy of the judgment which satisfies the conditions necessary to establish its authenticity, and the certificate issued pursuant to Article 53, certifying that the judgment is enforceable and containing an extract of the judgment as well as, where appropriate, relevant information on the recoverable costs of the proceedings and the calculation of interest. The certificate is issued by the court of origin, at the request of any interested party, using the form set out in Annex I to the Regulation (Article 53) — it is therefore requested in the State in which the judgment was given, not in Slovakia. The competent enforcement authority may, where necessary, require a translation or a transliteration of the contents of the certificate (Article 42(3)); it may require a translation of the judgment itself only if it is unable to proceed without such a translation (Article 42(4)). The translation is made into the official language of the Member State addressed, that is, into Slovak (Article 57(1)), and is done by a person qualified to do translations in one of the Member States (Article 57(3)). Under Article 46, enforcement of a judgment is refused only on the application of the person against whom enforcement is sought, where one of the grounds referred to in Article 45 is found to exist: manifest conflict with public policy; a judgment given in default of appearance where the defendant was not served with the document which instituted the proceedings in sufficient time and in such a way as to enable the defendant to arrange for a defence (unless the defendant failed to commence proceedings to challenge the judgment when it was possible to do so); irreconcilability with another judgment between the same parties; or conflict with certain rules of jurisdiction.
Under Article 66(1), the Regulation applies to legal proceedings instituted on or after 10 January 2015; under Article 66(2), Regulation (EC) No 44/2001 continues to apply to judgments given in proceedings instituted earlier. Under Article 43(1), the certificate is served on the person against whom enforcement is sought prior to the first enforcement measure, and is accompanied by the judgment if it has not already been served on that person; the Enforcement Code follows on from this in Section 61a(2), under which the foreign enforcement title is attached to the notice of commencement of enforcement if it has not already been served on the debtor. The applicant cannot be required to have a postal address in the Member State addressed (Article 41(3)).