Enforcing a Dutch Judgment in Italy: Brussels I bis in Practice

The framework

Between EU Member States, Regulation (EU) No 1215/2012 (Brussels I bis) provides the most streamlined cross-border regime available: a judgment given in the Netherlands is recognised in Italy without any special procedure (Article 36) and is enforceable in Italy without any declaration of enforceability (Article 39).

The abolition of the exequatur means that no Italian court needs to "approve" the Dutch judgment before enforcement can begin.

What you need to enforce in Italy

Under Article 42 of the Regulation, the creditor must provide:

• 01A copy of the Dutch judgment which satisfies the conditions necessary to establish its authenticity.
• 02The certificate issued by the Dutch court pursuant to Article 53, certifying that the judgment is enforceable and containing the required details of the claim.

The competent Italian authority may require a translation of the certificate or, in limited cases, of the judgment itself, only where necessary for the enforcement measure.

Any residual formal requirement under Italian enforcement practice is assessed at the time of filing.

Enforcement on the ground

Once the Dutch judgment and the Article 53 certificate are available, enforcement follows Italian procedural law: attachment of bank accounts and receivables owed by third parties (pignoramento presso terzi), seizure of movable assets, or enforcement against real estate.

The relevant enforcement documents are served and enforcement proceedings are conducted in accordance with Italian procedural law.

The practical speed of recovery depends less on the cross-border paperwork — which Brussels I bis has simplified — and more on the quality of the information available about the debtor's Italian assets.

The debtor's possible defences

The debtor may apply for refusal of recognition or enforcement only on the narrow grounds listed in Article 45 — public policy, defective service in default proceedings, irreconcilable judgments and a few others.

The merits of the Dutch judgment cannot be re-examined.

Instruments available before any Dutch judgment

Where no judgment exists yet, Dutch creditors can also consider the EU's uniform procedures:

• 01European Order for Payment (Regulation (EC) No 1896/2006) — a standardised, form-based procedure for uncontested cross-border pecuniary claims.
• 02European Small Claims Procedure (Regulation (EC) No 861/2007) — for cross-border claims not exceeding EUR 5,000.
• 03European Enforcement Order (Regulation (EC) No 805/2004) — certification in the Netherlands of uncontested claims, directly enforceable in Italy.

Each instrument has its own conditions; the choice depends on the amount, the evidence and the likelihood of opposition.

Protective measures

Where there is a risk that the debtor will dissipate Italian assets, Article 40 of Brussels I bis allows the creditor to seek provisional and protective measures available under Italian law — such as the sequestro conservativo — without waiting for the conclusion of the enforcement formalities.

How our Foreign Desk approaches Dutch files

We verify the enforceability documentation (judgment and Article 53 certificate), obtain updated information on the debtor's Italian assets from the official registers, and coordinate the enforcement phase.

Where no judgment exists yet, we compare the EU uniform procedures with the Italian decreto ingiuntivo and recommend the route that best fits the file.