הי איתי,

 

בהמשך לשיחתנו, שוחחתי עם יפעת והיא מבקשת להעביר בכתב את הדברים לצד האירופאי לצורך המשך המו"מ. האם הפסקה הבאה משקפת נכונה את הדברים לטעמך? להבנתי כן.

 

תודה,

אפרת

 

 

IL comments to Article 3(2) of Annex III ("Judgments and orders of the Court of Justice of the European union delivered in application of an arbitration clause contained in a contract or agreement in relation to Union programmes, activities, actions or projects shall be enforceable in Israel in the same manner as European Commission decisions referred to in paragraph (1)."

 

Israel does not have an international agreement that provides for the enforceability of EU court judgements, and in this case we understand that article 43.2 of the General Model Grant Agreement* refers to the Belgian courts as the dispute settlement forum. Enforcement of Belgian court judgements in Israel is possible under the Israel Foreign Judgements Enforcement Law 1958. This law deals with the recognition and enforceability of judgments rendered by courts of foreign countries and is silent with regards to judgments rendered by non-national courts. The Israeli case law in this respect is not developed, and it thus difficult to assess what the Israeli courts would decide if the enforceability of an EU court judgement would be brought before it. We therefore think that designating the Belgian courts as the dispute settlement forum will also provide for more certainty in case of enforcement.    

 

 

*Article 43.2 of the General MGA provides that "If a dispute concerns the interpretation, application or validity of the Agreement, the parties must bring action before the EU General Court — or, on appeal, the EU Court of Justice — under Article 272 of the Treaty on the Functioning of the EU (TFEU).

For non-EU beneficiaries (if any), such disputes must be brought before the courts of Brussels, Belgium — unless an international agreement provides for the enforceability of EU court judgements…."