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2001年《布鲁塞尔条例I》是在《阿姆斯特丹条约》生效以后,由《布鲁塞尔公约》转化而来,是欧盟民商事判决承认与执行的基本法。随着欧盟内部市场统一化的新一轮发展,司法合作以及成员国之间互信程度已趋于成熟,但在跨界民商事交往中,判决承认和执行所花费的时间以及经济成本阻碍了判决在欧盟境内的自由流动。基于此,欧盟于2009年启动了对2001年《布鲁塞尔条例I》的修订,并于2012年12月12日通过。在判决承认与执行部分做了大幅度修改:判决的承认部分新增了对“援引一国判决”的承认;判决执行部分,在必要保障措施基础上,废除了审查程序。分析2012年《布鲁塞尔条例I》(重订本)的制定过程以及判决承认与执行部分的修改,并在此基础上概括其对欧盟民商事领域判决承认与执行的贡献。
The 2001 Brussels Regulation I was transformed from the Brussels Convention after the entry into force of the Treaty of Amsterdam. It is the basic law for recognition and enforcement of civil and commercial judgments in the EU. With the new round of EU internal market unification, judicial cooperation and mutual trust between member countries have become more mature. However, the time spent in recognition and enforcement of judgments and the economic costs in cross-border exchanges between civil and commercial businesses have hindered the judgments in Free movement within the EU. Based on this, the EU launched the revision of the Brussels Act I of 2001 in 2009 and passed on December 12, 2012. The recognition and enforcement of judgments were drastically revised: the recognition of the sentence added a new recognition of “invoking a country’s judgment”; and the enforcement part of the judgment abolished the review process on the basis of necessary safeguards. This chapter analyzes the process of formulating the Brussels Bill I (Rescission) 2012 as well as the amendments to the recognition and enforcement of judgments, and on this basis, summarizes its contribution to the recognition and enforcement of judgments in the field of civil and commercial affairs in the EU.