Entry into force of the 2019 Hague Convention in the UK
As of 1 July 2025, the Hague Convention of 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the "2019 Hague Convention") entered into force for the UK.
The 2019 Hague Convention provides a uniform set of rules on recognition and enforcement of foreign judgments in civil or commercial matters, to facilitate the effective recognition and enforcement of such judgments in the contracting states.
Entry into force of the 2019 Hague Convention in the UK means that civil or commercial judgments from UK courts will now be more readily recognized and enforced in the courts of Luxembourg and other countries that have signed up to the Convention, and vice versa.
This is a major step forward for the inclusion of the UK in global enforcement proceedings following Brexit and a significant step towards strengthening the UK's cooperation with EU Member States.
Cross-channel enforcement: Luxembourg perspective
The Convention introduces a standardized legal framework to streamline the recognition and enforcement of final civil and commercial UK judgments in Luxembourg for proceedings initiated on or after 1 July 2025.
This development is particularly significant in addressing the complexities that have arisen in cross-border enforcement following Brexit. As of 1 January 2021, UK court decisions could only be enforced through domestic enforcement rules, bilateral conventions or the 2005 Hague Convention on Choice of Court Agreements which applies only to cases involving exclusive jurisdiction clauses.
A civil or commercial judgment is eligible for recognition and/or enforcement under the 2019 Hague Convention (article 5) if there is a jurisdictional link—either between the court of origin and the defendant (i.e., the person against whom recognition or enforcement is sought) or between the court of origin and the subject matter of the dispute. These base criteria are in principle sufficient to secure recognition and/or enforcement.
There is no review of the merits of the judgment in the requested State.
The 2019 Hague Convention carves out a range of subject areas, particularly those involving family law, insolvency law, arbitration, criminal law and administrative law.
Unlike the 2005 Hague Convention, the 2019 Hague Convention covers asymmetric jurisdiction clauses (the validity of which has been recently confirmed under EU Law by the CJEU, provided that certain conditions are satisfied).
Grounds on which recognition or enforcement can be refused are limited and include improper notification of the proceedings to the defendant, judgments obtained by fraud, or cases where enforcement would be clearly contrary to public policy of the requested State. This is more or less the same as the criteria in Luxembourg law.
Since the 2019 Hague Convention gives the requested state's courts ultimate discretion to refuse recognition and enforcement, additional grounds under Luxembourg domestic law may apply. These include:
- the foreign judgment is not enforceable in its country of origin;
- the lack of indirect international jurisdiction of the foreign court;
- contradiction with an existing judgment rendered in Luxembourg;
- failure to meet requirements of authenticity and translation if applicable.
Once recognized, the foreign judgment is treated as equivalent to a domestic judgment for enforcement purposes.
As of 1 July 2025, the 2019 Hague Convention applies to the EU (excluding Denmark), Uruguay, Ukraine, and the UK. Albania, Andorra, and Montenegro are expected to join in 2026.
What's next?
This framework is expected to enhance legal certainty and reduce barriers for parties engaged in cross-border transactions. It will offer more predictable and expedited procedures for reciprocal recognition and enforcement in the UK and Luxembourg.
Luxembourg is already known as a favorable place for enforcement, mainly due to the possibility of attaching assets in a fairly expedited manner. The entry into force of the 2019 Hague Convention in the UK is a further step towards making Luxembourg an enforcement paradise by facilitating the recognition of UK judgments.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
