LE 'OPPOSIZIONI' ALL'ESECUZIONE DELLA DECISIONE STRANIERA NEL REGOLAMENTO (UE) 1215/2012

The work aims to analyse, in the context of the system of recognition and enforcement laid down by Regulation (EU) No 1215/2012, which abolished exequatur, the compatibility of the rules governing the opposition to enforcement under the Italian law when it is proposed against a foreign judgment. In particular, the Regulation establishes that a judgment (even provisionally) enforceable in the Member State of origin shall be automatically enforceable in any other Member State. It also suggests that the grounds for non-recognition and non-enforcement provided for in the text should be combined with the internal grounds for ordinary opposition to enforcement in the Member State addressed. The work therefore identifies the requirements a judgment shall have to be automatically recognised and enforced; the declaratory and ascertaining effects that are automatically recognised; and the formalities that must be considered as necessary under Italian law for the judgment to be enforced. It then outlines the characteristics of the actions provided for by the Regulation, proposing the most suitable procedural forms to ensure their effectiveness, in order to define the scope of application of the opposition to enforcement based on additional grounds, within the State requested of enforcement. It focuses on the grounds which affect the substantive right incorporated in the title and which may give rise to an opposition to enforcement on the merits. Therefore, indications are drawn on the subject of the substantive opposition to the foreign judgment, which is claimed to be comparable, if not identical, to the opposition to enforcement under Article 615 of the Code of Civil Procedure, and from the nature of the action it is inferred that the judgment issued at the end of the opposition shall not circulate in the European space of Justice, as it is related to the right to proceed with enforcement in Italy. The last part of the work is dedicated to an analysis of the cases provided for by the Regulation in order to suspend the enforcement proceedings and aims to a coordination of such hypotheses with the internal provisions.