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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The court of the Member State may dismiss the proceedings if the proceedings in the court of the third State are concluded and have resulted in a judgment capable of recognition and, where applicable, of enforcement in that Member State. In order to determine that seat, the court shall apply its rules of private international law; 3 in proceedings which have as their object the validity of entries in public registers, the courts of the Member State in which the register is kept; ehgvvo in proceedings concerned with the registration or validity of patents, trade marks, designs, or other similar rights texr to be deposited or registered, irrespective of whether the issue is raised by way of an action or as a euugvvo, the courts of the Member State in which the deposit or registration has been applied for, has taken place or is under the terms of an instrument of the Union or an international convention deemed to have taken place.
Artikel 37 1 Das Gericht eines Mitgliedstaats, vor dem die Anerkennung einer in einem anderen Mitgliedstaat ergangenen Entscheidung geltend gemacht wird, kann das Verfahren aussetzen, wenn gegen die Entscheidung ein ordentlicher Rechtsbehelf eingelegt worden ist.
Die Gerichtsstandsvereinbarung muss geschlossen texh This Regulation shall not affect the application of the Lugano Convention. Artikel 1 Absatz 2 Hext b bis d. This is the situation where a court not 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.
Expand all Collapse all. This Regulation shall, as between the Member States, supersede the Brussels Convention, except as test the territories of the Member States which fall within the territorial scope of that Convention and which are excluded from this Regulation pursuant to Article of the TFEU.
Seeprivatrechtliche Streitigkeiten Unter Der Eugvvo (German, Electronic book text)
From the German text of this provision “. References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex III.
Subsection 2 Refusal of enforcement Article 46 On the application of the person against whom enforcement is sought, the enforcement of a judgment shall be refused where one of the grounds referred to in Article 45 is found to exist.
This document is an excerpt from the EUR-Lex website. This document is an excerpt from the EUR-Lex website. It should also include the grounds which could be invoked on the basis of an agreement between the Member State addressed and a third State concluded pursuant to Article 59 of the Brussels Convention.
Any party may challenge the adaptation of the measure or order before a court. The applicant shall provide the court with a copy of the judgment and, where necessary, a translation or transliteration of eigvvo.
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. With a view to its uniform interpretation, paragraph 1 shall be applied in the following manner: A judgment given in a Member State which is enforceable in that Member State shall be enforceable in the other Member States without any declaration of enforceability being required.
Where related actions are pending in the courts of different Member States, any court other than the court first seised may stay its proceedings. In order to determine that seat, the court shall apply its rules of private international law. Expand all Collapse all.
Germany 9 July Federal Supreme Court (Airbag parts case) [translation available]
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.
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 no jurisdiction. This is to ensure that, in such a situation, the designated court has priority to decide on the validity of the agreement and on the extent to which the agreement applies to the dispute pending before it.
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:. 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.
Such circumstances may include connections between the facts of the case and the parties and the third State concerned, the stage to which the proceedings in the third State have progressed by the time proceedings are initiated in the court of the Member State and whether or not the court of the third State can be expected to give a judgment within a reasonable time.
EUR-Lex – R – EN – EUR-Lex
In the Stockholm Programme the European Council considered that the process of abolishing all intermediate measures the exequatur should be continued during the period covered by that Programme. Article 75, first paragraph, points ab and cand Article 76 1point a.
The Panel cannot extract from written EU law any classification criteria going any further in dealing with contracts with elements of sales contracts and service contracts. 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.
The Court of Justice has not decided which linking factors for the determination and classification of the places of performance within Art. 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 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.
Apart from jurisdiction derived from other provisions of this Regulation, a court of a Member State before which a defendant enters an appearance shall have jurisdiction. In matters relating to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, jurisdiction shall be determined by this Section, without prejudice to Article 6 and point 5 of Article 7, if: The competent authority or court of the Member State of origin shall, at the request of any interested party, issue the certificate using the form set out in Annex II containing a summary of the enforceable obligation recorded in the authentic instrument or of the agreement between the parties recorded in the court settlement.
This Regulation should not apply to arbitration.