SECTION 2. Enforcement
Art. 41 1. Subject to the provisions of this Section, the procedure for the enforcement of judgments given in another Member State shall be governed by the law of the Member State addressed. A judgment given in a Member State which is enforceable in the Member State addressed shall be enforced there under the same conditions as a judgment given in the Member State addressed.
2. Notwithstanding paragraph 1, the grounds for refusal or of suspension of enforcement under the law of the Member State addressed shall apply in so far as they are not incompatible with the grounds referred to in Article 45.
3. The party seeking the enforcement of a judgment given in another Member State shall not be required to have a postal address in the Member State addressed. Nor shall that party be required to have an authorised representative in the Member State addressed unless such a representative is mandatory irrespective of the nationality or the domicile of the parties.
Art. 42 1. For the purposes of enforcement in a Member State of a judgment given in another Member State, the applicant shall provide the competent enforcement authority with:
- (a)
- a copy of the judgment which satisfies the conditions necessary to establish its authenticity; and
- (b)
- 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.
2. For the purposes of enforcement in a Member State of a judgment given in another Member State ordering a provisional, including a protective, measure, the applicant shall provide the competent enforcement authority with:
- (a)
- a copy of the judgment which satisfies the conditions necessary to establish its authenticity;
- (b)
- the certificate issued pursuant to Article 53, containing a description of the measure and certifying that:
- (i)
- the court has jurisdiction as to the substance of the matter;
- (ii)
- the judgment is enforceable in the Member State of origin; and
- (c)
- where the measure was ordered without the defendant being summoned to appear, proof of service of the judgment.
3. The competent enforcement authority may, where necessary, require the applicant to provide, in accordance with Article 57, a translation or a transliteration of the contents of the certificate.
4. The competent enforcement authority may require the applicant to provide a translation of the judgment only if it is unable to proceed without such a translation.