Legal effects of settlements in EU private international law

Daryna Shykeriava

doi:10.25143/socr.2026.010

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Legal effects of settlements in EU private international law

Socrates.

Volume 2026 (2026): Issue 1-34 (March 2026)

By: Daryna Shykeriava

Open Access

|Aug 2026

Abstract

Settlements are one of the legal instruments of resolution of civil disputes. However, when it comes to cross-border litigation their effects remain ambiguous. This article focuses on the legal effects of settlements in European Union (EU) private international law. First, it begins with the notion of settlement, including analysis of the origins of settlement as a legal term along with the linguistic peculiarities of its usage. Second, the author presents the challenges related to the finality effect of settlement (res judicata) in foreign jurisdictions. This includes analysis of the relevant case law of the Court of Justice of the European Union and the practical challenges for effective cross-border dispute settlement deriving from the absence of provisions on res judicata for settlements either in Brussels Ibis Regulation, or in the 2019 Hague Judgements Convention. Third, the article addresses problems related to the recognition effect of settlement. Being the subject of national law regulation, settlements are deprived of recognition in cross-border civil proceedings. To address this problem the author suggests that establishment of an autonomous EU legal concept of settlement and granting recognition would increase its effectiveness as a disputes resolution tool.

References

Caponi, R. (2015). “Just Settlement” or “Just About Settlement”? Mediated Agreements: A Comparative Overview of the Basics. Rabels Zeitschrift für ausländisches und internationales Privatrecht/The Rabel Journal of Comparative and International Private Law, H. 1. 117–141. https://doi.org/10.1628/003372515X14176993262194
Search in Google Scholar Back to article
Court of Justice of the European Union (CJEU). (1988). Case C-145/86, Hoffmann. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:61986CJ0145 [Accessed 26 February 2026].
Search in Google Scholar Back to article
Court of Justice of the European Union (CJEU). (1994a). Case C-414/92, Solo Kleinmotoren. https://infocuria.curia.europa.eu/tabs/document/C/1992/C-0414-92-00000000RP-01-P-01/ARRET/98807-EN-1-pdf [Accessed 26 February 2026].
Search in Google Scholar Back to article
Court of Justice of the European Union (CJEU). (1994b). Opinion of Advocate General Gulmann. Case C-414/92, Solo Kleinmotoren. https://infocuria.curia.europa.eu/tabs/document/C/1992/C-0414-92-00000000RP-01-P-01/CONCL/98865-EN-1-pdf [Accessed 26 February 2026].
Search in Google Scholar Back to article
Court of Justice of the European Union (CJEU). (2023). Case C-590/21, Charles Taylor Adjusting Ltd. https://infocuria.curia.europa.eu/tabs/document/C/2021/C-0590-21-00000000RP-01-P-01/ARRET/277063-EN-1-html [Accessed 26 February 2026].
Search in Google Scholar Back to article
Dickinson, A., Lein, E. (2015). The Brussels I Regulation Recast, Online Edition: Oxford University Press. DOI: https://doi.org/10.1093/law/9780198714286.001.0001 [Accessed 03 June 2026].
Search in Google Scholar Back to article
European Parliament & Council of the European Union. (1968). 1968 Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters. Official Journal L, 299. 31/12/1972 P. 0032 – 0042. ELI: http://data.europa.eu/eli/convention/1972/454/oj [Accessed 03 June 2026].
Search in Google Scholar Back to article
European Parliament & Council of the European Union. (2012). Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast). Official Journal of the European Union, OJ L 351, 20.12.2012, pp. 1–32.
Search in Google Scholar Back to article
Garcimartín, F., Saumier, G. (2019). Explanatory Report on the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters.
Search in Google Scholar Back to article
Hague Conference on Private International Law. (1971). Convention of 1 February 1971 on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters.
Search in Google Scholar Back to article
Hague Conference on Private International Law. (1965). Convention of 25 November 1965 on the Choice of Court.
Search in Google Scholar Back to article
Hague Conference on Private International Law. (1992). The Original Proposal. https://www.hcch.net/en/publications-and-studies/details4/?pid=6837&dtid=61 [Accessed 26 February 2026].
Search in Google Scholar Back to article
Hague Conference on Private International Law. (2000). Preliminary draft convention on jurisdiction and foreign judgments in civil and commercial matters adopted by the Special Commission and Report by Peter Nygh and Fausto Pocar. Preliminary Document No 11 of August 2000 for the attention of the Nineteenth Session of June 2001. https://assets.hcch.net/docs/638883f3-0c0a-46c6-b646-7a099d9bd95e.pdf [Accessed 26 February 2026].
Search in Google Scholar Back to article
Hague Conference on Private International Law. (2015). Report of the fifth meeting of the working group on the judgments project (26-31 october 2015) and proposed draft text resulting from the meeting. Preliminary Document No 7A of November 2015 for the attention of the Council of March 2016 on General Affairs and Policy of the Conference. https://assets.hcch.net/docs/06811e9c-dddf-4619-81af-71e8836c8d3e.pdf [Accessed 26 February 2026].
Search in Google Scholar Back to article
Hague Conference on Private International Law. (2019). Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters.
Search in Google Scholar Back to article
Lazic, V., Mankowski, P. (2023). The Brussels I-bis Regulation: Interpretation and Implementation, Cheltenham, UK: Edward Elgar.
Search in Google Scholar Back to article
Meidanis, H.P. (2020). Enforcement of Mediation Settlement Agreements in the EU and the Need for Reform. Journal of Private International Law, 16 (2). 275–299. https://doi.org/10.1080/17441048.2020.1796226
Search in Google Scholar Back to article