Rechtsprechung Des Eugh Zur Euinsvo Und Zur Eugvvo (German, Electronic book text) / Author: Christina Heber ; ; Civil law (general works), . der Europäischen Gerichtsstands- und Vollstreckungsvereinbarung (EUGVVO) ‘ Consequently, Art 89 UPCA already applies from adoption of the text of the. 5. Band / 1. Teilband: EuGVVO; EuBVO; EuVTVO; §§ 39, 39a JN; §§ 63 bis 73, , bis c ZPO } Request Full-text Paper PDF. Citations (0).
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In order to inform the person against whom enforcement is sought of the enforcement of a judgment given in another Member State, the certificate established under this Regulation, if necessary accompanied by the judgment, should be served on that person in reasonable time before the first enforcement measure. The party seeking the refusal of enforcement of a judgment given in another Member State shall not be required to have a postal address in the Member State addressed.
In such a case, the court first seised should be required to stay its proceedings as soon as the designated court has been seised and until such time as the latter court declares that it has no jurisdiction under the exclusive choice-of-court agreement. The domicile of a legal person must be defined autonomously so as to make the common rules more transparent and avoid conflicts of jurisdiction.
Mutual trust in the administration of justice in the Union justifies the principle that judgments given in a Member State should be recognised in all Member States without the need for any special procedure. For the purposes of enforcement in a Member State of a judgment given in another Member State, the applicant shall provide the competent enforcement authority with:.
Skip to main content. Notwithstanding paragraph 1, the grounds ekgvvo refusal or of suspension of enforcement under the law of the Member State addressed shall apply in so far as they are not incompatible with the grounds referred to in Article Article 5, introductory words. The competent enforcement authority may require the applicant to provide a translation of the judgment only if it is unable to proceed without such a translation.
Where enforcement is sought of a judgment given in another Member State, the certificate issued pursuant to Eugvvvo 53 shall be served on the person against whom the enforcement is sought prior to the first enforcement measure. Respect for international commitments entered into by the Member States means that this Regulation should not affect conventions relating to specific matters to which the Member States are parties.
A consumer may bring proceedings against the other party to a contract either in the courts of the Member State in which that party is domiciled or, regardless of the domicile of the other party, in the courts for the place where the consumer is domiciled.
A party challenging the enforcement of a judgment given in another Member State should, to the extent possible and in accordance with the legal system of the Member State addressed, be able to invoke, in the same procedure, in addition to the eugvfo for refusal provided for in this Regulation, the grounds for refusal available under national law and within the time-limits laid down in that law. Artikel 8 Eine Person, die ihren Wohnsitz im Hoheitsgebiet eines Mitgliedstaats hat, kann auch verklagt werden: Sections 3, 4 or 5 of Chapter II where the policyholder, the insured, a beneficiary of the insurance contract, the injured party, the consumer or the employee was the defendant; or.
CISG CASE PRESENTATION
Languages, formats and link to OJ. The power to adopt delegated acts referred to in Article 77 shall be conferred on the Commission for an indeterminate period of time from 9 January tezt Artikel 16 1 Die Klage eines Verbrauchers gegen den anderen Vertragspartner kann entweder vor den Gerichten des Mitgliedstaats erhoben werden, in dessen Hoheitsgebiet dieser Vertragspartner seinen Wohnsitz hat, oder vor dem Gericht des Ortes, an dem der Verbraucher seinen Wohnsitz hat.
It should not include measures which are not of a protective nature, such as measures ordering the hearing of a witness. Provisional, including protective, measures.
Seeprivatrechtliche Streitigkeiten Unter Der Eugvvo (German, Electronic book text)
This Regulation shall not affect the application of the Lugano Convention. In matters relating to insurance, jurisdiction shall be determined by this Section, without prejudice to Article 6 and point texy of Article 7.
The direct enforcement in the Member State addressed of a judgment given in ekgvvo Member State without a declaration of enforceability should not jeopardise respect for the rights of the defence.
Achilles, upon the oral hearing of 9 Julyhas decided:.
Andere Rechtsfragen. Art. 27 EuGVVO : Internationales Handelsrecht
For purposes of this translation, Plaintiff of Germany is referred to as [Seller] and Defendant of Italy is referred to as [Buyer]. However, provisional, including protective, measures which were ordered by such a court without the defendant being summoned to appear should not be recognised and enforced under this Regulation unless the judgment containing the measure is served on the defendant prior to enforcement.
Therefore, judgments given by such courts should be recognised and enforced in accordance with this Regulation. Because [Buyer] has its place of business in Italy, which establishes jurisdiction under Art.
This should include the ground that he had not had the opportunity to arrange for his defence where the judgment was given in default of appearance in a civil action linked to criminal proceedings. The existence of a close connection should ensure legal certainty and avoid the possibility of the defendant being sued in a court of a Member State which he could not reasonably have foreseen.
Eugvvp Print this page. Mai ; – in Luxemburg: It should also include the grounds which could be invoked on the basis of an agreement between the Member Egvvo addressed and a third State concluded pursuant to Article 59 of the Brussels Convention. A ruling given by a court of a Member State as to whether or not an arbitration agreement is null and void, inoperative or incapable of being performed should not be subject to the rules of recognition and enforcement laid down in this Regulation, regardless of whether the court decided on this as a principal issue or as an incidental question.
Languages, formats and link to OJ. Article 16 The following are the risks referred to in point 5 of Article The court or courts of a Member State on which a trust instrument has conferred jurisdiction shall have exclusive jurisdiction in any proceedings brought against a settlor, trustee or beneficiary, if relations between those persons or their rights or obligations under the euugvvo are involved.
Germany 9 July Federal Supreme Court (Airbag parts case) [translation available]
The recognition of a judgment should, however, be refused only if one or more of the grounds for refusal provided for in this Regulation are present. An intention of the contract parties to revise again the points they sugvvo agreed to, could not be discerned, even irrespective of the fact that the signature in the first purchase order, due to an objection by [Seller] noted there against another contract clause, did not even express agreement.
Without prejudice to Article 26, where a court of a Member State on which an agreement as referred to in Article 25 confers exclusive jurisdiction is seised, any court of another Eugvo State shall stay the proceedings until such time as the court seised on the basis of the agreement declares that it has no jurisdiction under the agreement.
The court or courts of a Member State on which a trust instrument has conferred jurisdiction shall have exclusive jurisdiction in any proceedings brought against a settlor, trustee or beneficiary, if relations between those persons or their rights or obligations under the trust are involved.
The report concluded that, in general, the operation of that Regulation is satisfactory, but that it is desirable to improve the application of certain of its provisions, to further facilitate the free circulation of judgments and to further enhance access to justice.
Article 1 2introductory words.
Where a court of a Member State is seised of a claim which is principally concerned with a matter over which the courts of another Member State have exclusive jurisdiction by virtue of Article 24, it shall declare of its own motion that it has euggvo jurisdiction.
The recognition of a judgment should, however, be refused only if one or more of the grounds for refusal provided for in euvvvo Regulation are present. The test of public policy referred to in point a of paragraph 1 may not be applied to the rules relating to jurisdiction.