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 matters referred to in Sections 3, 4 or 5 where the policyholder, the insured, a beneficiary of the insurance contract, the injured party, the consumer or the employee is the defendant, the court shall, before assuming jurisdiction under paragraph 1, ensure that the defendant is informed of his right to contest the jurisdiction of the court and of the consequences of entering or not entering an appearance.
In order to determine that seat, the court shall apply its rules of private international law.
Artikel 34 Eine Entscheidung wird nicht anerkannt, wenn 1. Article 1 2introductory words. Where jurisdiction is based on Article 4 or on Articles 7, 8 or 9 and proceedings are pending before a court of a third State at the time when a court in a Member State is seised of an action involving the same cause of action and between the same parties as the proceedings in the court of the third State, the court of the Member State may stay the proceedings if: The authentic instrument produced must satisfy the conditions necessary to establish its authenticity in the Member State of origin.
The conventions referred to in Article 69 shall continue to have effect in relation to matters to which this Regulation does not apply. Article 23 The provisions of this Section may be departed from only by an agreement: Artikel 75 Die Mitgliedstaaten teilen der Kommission bis zum In cases referred to in paragraph 1, upon request by a court seised of the dispute, any other court seised shall without delay inform the former court of the date when it was seised in accordance with Article The validity of the agreement conferring jurisdiction cannot be contested solely on the ground that the contract is not valid.
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.
This Regulation shall not apply to: Article 60 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. The court or authority before which a judgment given in another Member State is invoked may, where necessary, require the party invoking it to provide, in accordance with Article 57, a translation or a transliteration of the contents of the certificate referred to in point b of paragraph 1.
A party who wishes to invoke in a Member State a judgment given in another Member State shall produce: An employer may bring proceedings only in the courts of the Member State in which the employee is domiciled. Likewise, there is a dispute between them about the place of performance of the production and delivery obligations assumed by [Seller] as well as the genesis of a forum selection clause designating Turin.
It does not include a provisional, including protective, measure which is ordered by such a court or tribunal without the defendant being summoned to appear, unless the judgment containing the measure is served on the defendant prior to enforcement. 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.
As a result, a judgment given by the courts of a Member State should be treated as if it had been given in the Member State addressed. The Member States shall provide, within the framework of the European Judicial Network and with a view to making the information available to the public, a description of national rules and procedures concerning enforcement, including authorities competent for enforcement, and information on any limitations on enforcement, in particular debtor protection rules and limitation or prescription periods.
Jurisdiction should always be available on this ground save in a few well-defined situations in which the subject-matter of the dispute or the autonomy of the parties warrants a different connecting factor.
In particular, the rules of national jurisdiction of which the Member States are to notify the Commission pursuant to point a of Article 76 1 shall not be applicable as against the persons referred to in paragraph 1.
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.
Artikel 1 Absatz 2 Buchstaben a und f.
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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. 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 tet of the grounds referred to in Article 45 is found to exist.
Refusal of recognition and enforcement. Article 64 Without prejudice to 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 eugvvi may be defended by persons qualified to do so, even if they do not appear in person.
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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. 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. Article 37 2Article 47 3 and Article Enforcement of the authentic instrument may be refused only if such enforcement is manifestly contrary to public policy ordre public in the Member State addressed.
Sie gilt ab dem In matters relating to insurance, jurisdiction shall be determined by this Section, without prejudice to Article 6 and point 5 of Article 7. An agreement conferring jurisdiction which forms part of a contract shall be treated as an agreement independent of the other terms of the contract. C 27 vom It shall apply from 10 Januarywith the exception of Articles 75 and 76, which shall apply from 10 January The court hearing the action shall, in any event, apply Article 28 of this Regulation; b judgments given in a Member State by a court in the exercise of jurisdiction provided for in a convention on a particular matter shall be recognised and enforced in the other Member States in accordance with this Regulation.
However, the court seised of the matter may order appearance in person; in the case of failure to appear, a judgment given in the civil action without the person concerned having had the opportunity to arrange for his defence need not be recognised or enforced in the other Member States.
Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to Articles 15, 19 or 23, or if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of Article For the purposes of this Section, a court shall be deemed to be seised: If necessary, the party invoking the judgment or seeking its enforcement may be required to provide a translation or a transliteration of the judgment.
Die Kommission passt diese Listen entsprechend an. For purposes of this translation, Plaintiff of Germany is referred to as [Seller] and Defendant of Italy is referred to as [Buyer]. SECTION 8 Examination as to jurisdiction and admissibility Article 27 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.
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 67 4 and points ac and e of Article 81 2 thereof. In any event, the provisions of this Regulation on recognition and enforcement of judgments may be applied. Accordingly, common rules of jurisdiction should, in principle, apply when the defendant is domiciled in a Member State.
Siehe konsolidierte Fassung in ABl.