Summary
Articles 32 and 33 of Regulation (EC) No 44/2001 govern the recognition of a foreign decision by making an implied reference to the provisions of the Member State of origin. Accordingly, the court of the State where recognition is sought shall define the scope of the res judicata effects exclusively on the grounds of such provisions as it is precluded from applying the provisions laid down on this issue by its national law. Consequently, where the judgment for which recognition is sought has ruled on the merits of a preliminary question, in order to establish which parts of the holding are res judicata the court addressed shall not apply Article 34 of the Code of Civil Procedure nor any other national provision and, rather, it shall apply the provisions of the State of origin.