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 Justice has not decided which linking factors for the determination and classification of the places of performance within Art. The Commission shall make the information publicly available through any appropriate means, in test through the European Judicial Network. The following courts of a Member State shall have exclusive jurisdiction, regardless of the domicile of the parties:.
In any event, tdxt provisions of this Regulation on recognition and enforcement of judgments may be applied. OJ L In view of the goal pursued by Art. The decision on the application for refusal of enforcement may be appealed against by either party. An unambiguousness of the criteria for the determination of a place of performance that determines jurisdiction that is perceivable based only on the external performance activities, as it is desired by Textt.
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.
L vom 3. Sie erfasst insbesondere nicht Steuer- und Zollsachen sowie verwaltungsrechtliche Angelegenheiten. 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. The same need for continuity applies as regards the interpretation by the Court of Justice of the European Union of the Brussels Convention and of the Regulations replacing it.
Article 69 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. Would you like to keep them?
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:. 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.
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The Lugano Convention became applicable to Poland on 1 February The test of public policy referred to in point a of paragraph 1 may not be applied to the rules relating to jurisdiction.
The Member States shall notify the Commission of: If a judgment contains a measure or an order which is not known in the law of the Member State addressed, that measure or order shall, to the extent possible, be adapted to a measure or an order known in the law of that Member State uegvvo has equivalent effects attached to it and which pursues similar aims and interests.
For the purposes of this Regulation, that time should be defined autonomously. 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. Without prejudice to Article 31 2where proceedings involving the same cause of action and between the same parties are brought in the courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.
An employer domiciled in a Member State may be sued: 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. While the Courts of Appeals of Hamm and Cologne argue that the place of performance that determines jurisdiction for a sales contract is the place where the buyer physically accepts the goods and thus attains the power of disposition over them Hamm Court of Appeals, OLGR, ; Cologne Court of Appeals, IHR,the Stuttgart Court of Appeals is of the opinion that, in the case of sales contracts involving carriage of goods, the place of performance, within the meaning of Art.
The Court of Appeals stated that a forum selection clause designating Turin had not been agreed to by the parties. 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: Siehe konsolidierte Fassung in ABl.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties. 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 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. Artikel 13 Von den Vorschriften dieses Abschnitts kann im Wege der Vereinbarung nur abgewichen werden: 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. If the outcome of proceedings in a court of a Member State depends on the determination of an incidental question of refusal of recognition, that court shall have jurisdiction over that question.
Andere Rechtsfragen. Art. 27 EuGVVO : Internationales Handelsrecht
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. This Regulation should not apply to any action or ancillary proceedings relating to, in particular, the establishment of an arbitral tribunal, the powers of arbitrators, the conduct of an arbitration procedure or any other aspects of such a procedure, nor to any action or judgment concerning the annulment, review, appeal, recognition or enforcement of an arbitral award.
The court eugcvo which an application for refusal of enforcement is submitted or the court which hears an appeal lodged under Article 49 or Article 50 may stay the proceedings if an ordinary appeal has been lodged against the judgment in the Member State of origin or if the time for such an appeal has not yet expired.
This should not preclude the recognition and tfxt of such measures under national law.