Open AccessThe Cross-Border Enforcement of Court Settlements within Brussels Ia Regulation: From a European and an Austrian Perspective
Author(s) -
Philipp Anzenberger
Publication year - 2020
Publication title -
lexonomica
Language(s) - English
Resource type - Journals
eISSN - 1855-7147
pISSN - 1855-7155
DOI - 10.18690/lexonomica.12.2.149-162.2020
Subject(s) - human settlement , enforcement , settlement (finance) , perspective (graphical) , law , relevance (law) , political science , business , geography , archaeology , finance , artificial intelligence , computer science , payment
Despite the enormous practical relevance of court settlements, the Brussels Ia Regulation contains only a few explicit provisions for the cross-border enforcement of this legal instrument. This can cause difficulties in borderline cases, for example when it is doubtful whether the legal act in question is to be classified as a settlement or a judgment or which specific European regulation is applicable to a settlement containing several different claims. This paper provides a general overview of the rules for the enforcement of court settlements under the Brussels Ia Regulation and examines some problems that may specifically arise in the case of cross-border enforcement of court settlements.