7 March 2019
As time passes without any sort of Agreement between the EU and UK, it is necessary to start thinking what will be the scenario in place one the withdrawal will take effect (March 29th 2019).
It is obvious that there are many aspects of the UE-UK relations to be under investigation, but in this case the EU Commision focuses on those relating to international contracts, jurisdiction and recognition/enforcement of foreign decisions.
As everyone can understand, on March 30 th 2019 UK will be a third country. Yet one has to understand what consequences will be for EU private international law.
For proceedings involving a defendant domiciled in the United Kingdom, and pending with a court of the EU-27 Member States on the withdrawal date, the EU rules for international jurisdiction continue to apply.
For proceedings involving a United Kingdom domiciled defendant initiated on or after the withdrawal date in the EU-27 Member States, the rules on international jurisdiction in EU instruments in the area of civil and commercial law as well as family law no longer apply, unless the EU instruments set the rules of jurisdiction with regard to third countries.
According to EU Commission, attention must be drawn to the proceedings for the recognition and enforcement. If a judgment of a UK court has been exequatured in the EU-27 before the withdrawal date but not yet enforced before that date, the judgment can still be enforced in the EU-27, and the fact that it was originally a judgment handed down by UK courts is irrelevant.
On the other hand, unless a judgment of a UK court has been exequatured before the withdrawal date, the EU rules on recognition and enforcement of such judgments of UK will not apply to a judgment of a UK court that has not been enforced before the withdrawal date, even where (i) the judgment was handed down before the withdrawal date; or (ii) the enforcement proceedings were commenced before the withdrawal date.