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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An insurer domiciled in a Member State may be sued: This is the situation where a court texr designated in an exclusive choice-of-court agreement has been seised of proceedings and the designated court is seised subsequently of proceedings involving the same cause of action and between the same parties.
The Court of Justice has not decided which linking factors for the determination and classification of the places of performance within Art. Expand all Collapse all. The court may dispense with the production of the documents referred to in the first subparagraph if it already possesses them or if it considers it unreasonable to require eugvgo applicant to provide them. Skip to main content.
On the application of any euhvvo party, the recognition of a judgment shall be refused: The party seeking the enforcement of a judgment given in another Member State shall not be required to have a postal address in the Member State addressed.
EUR-Lex – R – EN – EUR-Lex
To that extent, Art. Any interested party may, in accordance with the procedure provided for in Subsection 2 of Section 3, apply for a decision that there are no grounds for refusal of recognition as referred to in Article Refusal of recognition and enforcement. The Commission shall amend those lists accordingly.
This Tfxt shall not affect the application of the Lugano Convention. The court or authority may require the party to provide a translation of the judgment instead of a translation of the contents of the certificate if it is unable to proceed without such a translation.
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 Member 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.
Would you like to keep them? Artikel 32 Absatz 1 Buchstaben a und b. This Regulation should provide for a flexible mechanism allowing the courts of the Member States to take into account proceedings pending before the courts of third States, considering in particular whether a judgment of a third State will be capable of recognition and enforcement in the Member State concerned under the law of that Member State and the proper administration of justice.
Article 5, introductory words. A court settlement which is enforceable in the Member State of origin shall be enforced in the other Member States under the same conditions as authentic instruments.
No security, bond or deposit, however described, shall be required of a party who in one Member State applies for the enforcement eugvvi a judgment given in another Member State on the euvgvo that he is a foreign national or that he is not domiciled or resident in the Member State addressed.
CISG CASE PRESENTATION
Article 7, points 5 to 7. The Member States shall notify the Commission of any subsequent amendments required to be made to those lists. This document is an excerpt from the EUR-Lex website. Expand fext Collapse all. 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.
A party test 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 grounds 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.
Articles 10, 11 and 12 shall apply to actions brought by the injured party directly against the insurer, where such direct actions are permitted. Where a translation of the judgment is requested under the first subparagraph, no measures of enforcement may be taken other than protective measures until that translation has been provided to the person against whom enforcement is sought. German case citations do not identify parties to proceedings. Any effects which judgments given in the Member States included in the list referred to in paragraph 1 may have, in accordance with the law of those Member States, on third parties by application of paragraph 1 euvgvo be recognised in texh Member States.
This phraseology has, from time to time, been picked up in German lower court decisions regarding Art. In euhvvo relating to individual contracts of employment, jurisdiction shall be determined by this Section, without prejudice to Article 6, point 5 of Article 7 and, in the case of proceedings brought against an employer, point 1 of Texf 8.
Only a declaration of who bears the costs was made in those clauses. If the law governing such direct actions provides that the policyholder or the insured may be joined as a party to the action, the same court shall have jurisdiction over them. Any effects which judgments given in the Member States included in the list referred to in paragraph 1 may have, in accordance with the law of those Member States, on third parties by application of paragraph 1 shall be recognised in all Member States.
L vom 5. This Regulation shall not apply to: For the purposes of enforcement in a Member State of a judgment given in another Member State ordering a provisional, including a protective, measure, the applicant shall provide the competent enforcement authority with:. Without prejudice to the jurisdiction of the European Patent Office under the Convention on the Grant of European Patents, signed at Munich on 5 Octoberthe courts of each Member State shall have exclusive jurisdiction in proceedings concerned with the registration or validity of any European patent granted for that Member State.
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:. For the purposes of this Regulation, a company or other legal person or association of natural or legal persons is domiciled at the place where it has its: The Lugano Convention became applicable to Poland on 1 February Some argue that, where there is no party agreement, the place where the buyer physically accepts the goods is the place of delivery Kropholler, id.
Expand all Collapse all. Article 77 The Commission shall be empowered to adopt delegated acts in accordance with Article 78 concerning the amendment of Annexes I and II.
The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. Therefore, the person against whom enforcement is sought should be able to apply for refusal of the recognition or enforcement of a judgment if he considers one of the grounds for refusal of recognition to be present.
Subject to Articles 70 and 71, this Regulation shall, as between the Member States, supersede the conventions that cover the same matters as those to which this Regulation applies. Article 38 The court or authority before which a judgment given in another Member State is invoked may suspend the proceedings, in whole or in part, if: