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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Seeprivatrechtliche Streitigkeiten Unter Der Eugvvo (German, Electronic book text)
Article 7, points 5 to 7. The procedure for refusal of enforcement shall, in so far as it is not covered by this Regulation, be governed by the law of the Member State addressed.
No security, bond or deposit, however described, shall be required of a party who in one Member State applies for the enforcement of a judgment given in another Member State on the ground that he is a foreign national or that he is not domiciled or resident in the Member State addressed. Specifically, in the case of a supplier for the automobile manufacturing industry, the court analyzed whether only predetermined serial parts with the resulting primary duty to transfer title were to be delivered, or whether the supplier was initially supposed to be responsible for developing the parts to be delivered and to make them ready to go into mass production, so that at least for this phase of the performance, the focus was considered to be in the service portion Cologne Court of Appeals, OLGR, Where a convention on a particular matter to which both the Member State of origin and the Member State addressed are parties lays down conditions for the recognition or enforcement of judgments, those conditions shall apply.
The authentic instrument produced must satisfy the conditions necessary to establish its authenticity in the Member State of origin.
Where the court designated in the agreement has established jurisdiction in accordance with the agreement, any court of another Member State shall decline jurisdiction in favour of that court.
L vom In matters 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 Article 8. An agreement concerning the location where all contractual duties, or at least [Buyer]’s obligations to accept delivery and to pay, had to be fulfilled, had not been reached; such an agreement can also not be found in the individual delivery clauses.
Such adaptation shall not result in effects going beyond those provided for in the law of the Member State of origin. The proceeding is suspended.
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Similarly, the designation of the place of performance can also not be made according to Art. Without prejudice eugvvp any more favourable provisions of national laws, persons domiciled in a Member State who are being prosecuted in the criminal courts of another Member State of which they are not nationals for an offence which was not intentionally committed may be defended by persons qualified to do so, even if they do not appear in person.
Provisional, including protective, measures. This Regulation should not apply to arbitration. Article 8 A person domiciled in a Member State may also be sued: If necessary, the party invoking the judgment or seeking its enforcement may be required to provide a translation or a transliteration of hext judgment. 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: Where the judgment was given in Ireland, Cyprus or the United Kingdom, any form of appeal available in the Member State of origin shall be treated as an ordinary appeal for the purposes of paragraph 1.
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The Member States shall notify the Commission of any subsequent amendments required to be made to those lists. In order to determine whether a trust is domiciled in the Member State whose courts are seised of euvgvo matter, the court shall apply its rules of private international law.
OJ L The decision on the application for refusal of enforcement may be appealed against by either party. 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.
L vom 2. The court of the Member State shall 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.
The decision on the application for refusal of enforcement may be appealed against by either party. Skip to main content. The Court of Appeals stated that, according to Art. This Regulation shall apply in civil and commercial matters whatever the nature of the court or tribunal. 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.
The competent enforcement authority may, where necessary, require the applicant to provide, in accordance with Article 57, a translation or a transliteration of the contents of the certificate.
In addition, the aim of making cross-border litigation less time-consuming and costly justifies the abolition of the declaration of enforceability prior to enforcement in the Member State addressed. Treaty on the Functioning of the European Union Legal basis: C vom In matters relating to insurance, jurisdiction shall be determined by this Section, without prejudice to Article 6 and point 5 of Article 7.
It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. The authority responsible for service referred to in point b shall be the first authority receiving the documents to be served. Article 5, points 5 to 7.