Enforcing a UK Judgment in Italy After Brexit

The post-Brexit framework

Since the end of the Brexit transition period on 31 December 2020, new judgments of the courts of the United Kingdom no longer benefit from the EU-wide recognition and enforcement regime under Regulation (EU) No. 1215/2012 (Brussels I bis).

The position is therefore fundamentally different from the pre-Brexit regime.

For new proceedings, a UK judgment cannot simply be enforced in Italy on the same basis as a judgment issued by a court of another EU Member State.

The United Kingdom has applied to accede to the 2007 Lugano Convention, but accession has not taken effect. UK judgments must therefore generally be dealt with under the applicable international convention or, in its absence, Italian private international law.

In particular, the 2019 Hague Judgments Convention entered into force between the United Kingdom and the European Union on 1 July 2025 and applies to judgments given in proceedings commenced on or after that date. The 2005 Hague Convention on Choice of Court Agreements continues to apply to cases within its scope.

The applicable framework

Recognition of UK judgments in Italy is principally governed by Articles 64–67 of Italian Law No. 218/1995 on Private International Law, unless another international instrument applies.

The first step is therefore to identify the legal basis on which the particular UK judgment may be recognised and enforced in Italy.

This may depend, among other things, on:

• 01When the proceedings were commenced
• 02The court that issued the judgment
• 03The jurisdictional basis relied upon by that court
• 04The existence and wording of any jurisdiction agreement
• 05Whether an international convention applies
• 06Whether the judgment is final and enforceable in the United Kingdom

Recognition under Italian law

Article 64 of Law 218/1995 provides for the recognition of foreign judgments in Italy where the statutory requirements are satisfied.

The relevant requirements include, among others:

• 01The foreign court had jurisdiction under the applicable Italian recognition rules
• 02The defendant was properly served and given an adequate opportunity to defend the proceedings
• 03The parties were properly represented or defended in accordance with the applicable procedural rules
• 04The judgment has become final and effective in the country of origin
• 05The judgment is not incompatible with an Italian judgment involving the same parties and dispute
• 06Recognition would not violate Italian public policy

Recognition under Article 64 is therefore not a re-hearing of the underlying dispute. The Italian court does not ordinarily reconsider the merits of the foreign judgment.

Recognition itself is automatic by operation of law: no judicial proceedings are needed for a foreign judgment to be recognised in Italy. Judicial intervention becomes necessary only where recognition is contested or where an enforceable title must be obtained for execution in Italy.

Recognition and enforcement are not the same thing

This distinction is essential.

A foreign judgment may qualify for recognition in Italy without the creditor being immediately able to seize the debtor's Italian assets.

Where the creditor needs to take enforcement measures in Italy and judicial recognition is required or contested, Article 67 of Law 218/1995 provides for proceedings before the competent Italian Court of Appeal (Corte d'appello).

This procedure is commonly referred to as delibazione.

Once the necessary recognition/enforcement requirements have been satisfied, the creditor can proceed against assets located in Italy in accordance with Italian enforcement law.

The 2005 Hague Convention

A separate and potentially important regime applies where the judgment falls within the scope of the 2005 Hague Convention on Choice of Court Agreements.

The Convention applies to international cases in which the parties have entered into an exclusive choice of court agreement designating the courts of a Contracting State.

For commercial contracts between UK and Italian businesses, this can be particularly significant where the parties have expressly chosen the courts of England and Wales.

However, the Convention is not a general post-Brexit enforcement mechanism for all English judgments. Its applicability must be assessed carefully, including the wording and exclusivity of the jurisdiction clause, the date of the agreement and the other requirements of the Convention.

Common pitfalls

• 01Assuming Brussels I bis still applies — for new proceedings, it generally does not. Transitional rules may apply to proceedings commenced before the end of the Brexit transition period.
• 02Treating recognition and enforcement as the same procedure — recognition of the judgment and actual enforcement against Italian assets are legally distinct steps.
• 03Overlooking the jurisdiction clause — the wording of the jurisdiction clause may determine whether the 2005 Hague Convention can be relied upon.
• 04Ignoring service and procedural fairness — evidence that the Italian debtor was properly served and had a genuine opportunity to defend the English proceedings can be critical.
• 05Assuming that every document must simply be "certified" — authentication, apostille and translation requirements should be assessed individually rather than assumed.
• 06Relying on obsolete EU procedures — for new UK–Italy cases, EU mechanisms such as the European Enforcement Order should not be treated as available substitutes for the applicable post-Brexit recognition regime.

How our international practice approaches UK judgments

We begin with a recognition and enforcement assessment.

We review:

• 01The UK judgment
• 02The underlying contract
• 03Any jurisdiction clause
• 04The procedural history
• 05Evidence of service
• 06The judgment's status in the United Kingdom
• 07The debtor's assets in Italy

We then identify the most appropriate route for recognition and enforcement and advise the creditor on the documents, translations and proceedings required in Italy.

For foreign creditors, the key question is not simply: "Can an English judgment be enforced in Italy?" It is: "What is the fastest and safest route from the English judgment to the debtor's assets in Italy?"