Exécution des jugements en Europe

Flag France EuropeL’exécution des jugements rendus en Europe a été facilitée au cours des dernières années par l’adoption de différents règlements de l’Union européenne. Lorsqu’un jugement a été rendu par un Etat non membre de l’Union européenne, sa reconnaissance et son exécution se font soit dans le cadre de conventions internationales, soit dans le cadre du droit commun, c’est- à- dire le droit qui s’applique en dehors de toute norme européenne ou de convention internationale.

Même si,  au cours des dernières décennies, le droit français se caractérise généralement par une simplification de la reconnaissance et de l’exécution des décisions rendues à l’étranger, le droit de l’Union européenne contient les progrès les plus remarquables.

La reconnaissance et l’exécution des décisions dépend des matières. Ainsi, en matière de divorce, il convient d’appliquer le Règlement CE n° 2201/2003 du 27 novembre 2003 relatif à la compétence, la reconnaissance et l’exécution des décisions en matière matrimoniale et en matière de responsabilité parentale abrogeant le Règlement CE n° 1347/2000.

De manière générale, en matière civile et commerciale, la Convention de Bruxelles de 1968 puis le Règlement n° 44/2001 du 22 décembre 2000 concernant la compétence judiciaire, la reconnaissance et l’exécution des décisions en matière civile et commerciale ont admis la reconnaissance automatique des décisions et soumis l’exécution à une simple demande de déclaration de décision exécutoire dans le pays d’exécution (Article 38 § 1). Mais cette dernière n’est même plus nécessaire. En effet, le Règlement n° 1215/2012 DU PARLEMENT EUROPÉEN ET DU CONSEIL du 12 décembre 2012 concernant la compétence judiciaire, la reconnaissance et l’exécution des décisions en matière civile et commerciale dispose désormais (article 39) que : « une décision rendue dans un État membre et qui est exécutoire dans cet État membre jouit de la force exécutoire dans les autres États membres sans qu’une déclaration constatant la force exécutoire soit nécessaire ».

Toutefois, cela ne signifie pas que rien ne doit être fait. Le Règlement contient des dispositions destinées à préciser les conditions dans lesquelles une décision rendue par un Etat membre de l’Union européenne peut être exécutée (voir not. art. 42).

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