Enforcing a UK Judgment in Italy After Brexit

The regulatory vacuum

Since 1 January 2021, judgments issued by courts of the United Kingdom no longer benefit from the automatic recognition and enforcement regime of Regulation (EU) No. 1215/2012 (Brussels I bis). The United Kingdom has applied to join the 2007 Lugano Convention, but that application remains pending. For the time being, UK judgments are treated as third-country decisions before Italian courts.

The applicable framework

Recognition and enforcement of UK judgments in Italy are today governed by (i) Italian statute 218/1995 (Private International Law), specifically articles 64–67, and (ii) where applicable, the 2005 Hague Convention on Choice of Court Agreements, which the UK has ratified in its own right.

Two possible routes

Automatic recognition under article 64 of Law 218/1995 applies where the UK judgment satisfies six substantive conditions: proper jurisdiction, proper service, respect of adversarial principles, res judicata effect in the country of origin, no incompatibility with prior Italian judgments, and no public-policy conflict.

Where any of those conditions is contested by the debtor, or where enforcement measures are required, the creditor must file an application for enforceability (procedimento di delibazione) before the competent Italian Court of Appeal under article 67.

The 2005 Hague Convention shortcut

Where the underlying commercial contract contains an exclusive jurisdiction clause in favour of the English courts, the 2005 Hague Convention applies and provides a streamlined recognition regime, close to the pre-Brexit standard. Establishing that the clause qualifies as "exclusive" under the Convention is therefore critical for UK creditors negotiating new agreements with Italian counterparts.

Common pitfalls

• 01Assuming Brussels I bis still applies — it does not.
• 02Missing the certified translation requirement (Italian translations of the English judgment and the underlying documents are mandatory).
• 03Overlooking the statute of limitations for enforcement (10 years under Italian law, running from the date the UK judgment became final).
• 04Serving the debtor by post rather than through the Italian ufficiale giudiziario or a European Enforcement Order procedure where still applicable.