RECOGNITION AND ENFORCEMENT OF FOREIGN COURT JUDGMENTS IN SERBIA

Recognition and enforcement of foreign court judgements in Serbia

In today’s interconnected world, cross-border disputes are prevalent, making the recognition and enforcement of foreign court judgments a crucial aspect of international law.

In Serbia, these issues are governed by the Law on Resolution of Conflicts of Laws with Regulations of Other Countries, as well as relevant procedural laws and applicable international treaties. This article explores the legal framework and processes for recognising and enforcing foreign judgments in Serbia, providing practical insights for parties engaged in such cases.

Legal Framework

The recognition and enforcement of foreign judgments in Serbia are regulated by:

1. Law on resolving conflict of laws with regulations of other countries: Establishes conditions under which foreign judgments may be recognised;
2. Law on Enforcement and Security interest: Governs procedural aspects of enforcement;
3. International Treaties: Serbia is a signatory to various bilateral and multilateral agreements, such as the Hague Conventions, which may take precedence over domestic laws;

Judgments that typically fall within the scope of recognition and enforcement include civil, commercial, and family law matters.

Criminal judgments and administrative decisions are generally excluded unless specific treaties provide otherwise.

Recognition of Foreign Judgments

Recognition is the process through which a foreign judgment is given the same legal status as a domestic judgment. This is necessary when the judgment needs to have an effect outside its original jurisdiction, such as in family law cases (for example, divorce decrees) or commercial disputes. The same principles apply to court settlements as well.
Conditions for Recognition
To be recognized in Serbia, a foreign judgment must meet the following conditions:

1. Finality and Enforceability:
   The judgment must be final and enforceable in the issuing jurisdiction and evidence on that fact has to be presented, usually as a court stamp on the decision;
2. Jurisdiction:
   A foreign court judgment will not be recognized if the matter falls under the exclusive jurisdiction of a court or other authority of the Republic of Serbia;
3. No Conflict with Serbian Judgments:
   The judgment must not conflict with a Serbian court judgment or a pending case in Serbia involving the same parties and subject matter;
4. Public Policy:
   The judgment must not contravene Serbian public policy, which includes fundamental principles of law, morality, and justice;
5. Reciprocity:
   Reciprocity in recognising Serbian judgments in a foreign country is generally required unless international treaties provide otherwise;
6. Due Process:
   The defendant must have been properly served and allowed to defend themselves during the foreign proceedings.

Enforcement of Foreign Judgments

Enforcement involves executing obligations set by a foreign judgment, such as monetary payments or the performance of specific actions.

In Serbia, a judgment must first be recognized before enforcement can take place. Steps in the Enforcement Process

1. Application for Recognition and Enforcement:
   The creditor must file a request with the competent Higher Court. Alternatively, recognition can be addressed directly within the enforcement procedure by submitting an enforcement request to the Basic or Commercial Court, which is also competent for enforcement and will decide on recognition as a preliminary question.
2. Documentation Requirements:
   • A certified copy of the foreign judgment.
   • Proof of finality and enforceability in the country of origin.
   • A certified Serbian translation of all documents.
3. Court Examination:
   The Serbian court evaluates whether the foreign judgment meets the legal conditions for recognition and enforcement.
4. Issuance of Enforcement Order:

Suppose recognition is granted through a separate procedure by the Higher Court or as part of the enforcement process by the Basic or Commercial Court, the judgment becomes enforceable, allowing the creditor to proceed with enforcement through Serbian enforcement officers.

Challenges to Recognition and Enforcement

The opposing party may contest recognition and enforcement on various grounds, including:
Lack of proper jurisdiction by the foreign court.

Violation of Serbian public policy.
• Absence of reciprocity between Serbia and the foreign country.
• Improper service of process during the original proceedings.

Such objections are reviewed by the Serbian court before granting recognition or enforcement, for example, judgments rendered by Austrian courts cannot be recognised in Serbia, except in commercial matters, due to the absence of a bilateral agreement or established reciprocity for recognition in other areas of law.

International Agreements and Reciprocity

Serbia’s commitment to international legal cooperation facilitates the recognition and enforcement of foreign judgments.

Bilateral agreements with specific countries, as well as participation in multilateral treaties, often simplify the process.

For example, judgments from EU member states or countries with which Serbia has agreements are subject to streamlined procedures. However, where no treaty exists, the existence of reciprocity for the recognition of a foreign court judgment is presumed unless proven otherwise. In cases of doubt regarding the existence of reciprocity, clarification is provided by the federal authority responsible for justice affairs.

Conclusion

The recognition and enforcement of foreign judgments in Serbia is a structured yet nuanced process. By adhering to the conditions outlined under Serbian law and leveraging international treaties, parties can ensure their rights are effectively upheld. For businesses and individuals facing cross-border legal matters, timely legal guidance is indispensable.

For assistance with foreign judgment and court settlement recognition and enforcement in Serbia, contact Petrovic Mojsic & Partners, a leading law firm in Belgrade specializing in international and domestic legal matters.