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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Andere Rechtsfragen. Art. 27 EuGVVO : Internationales Handelsrecht
OJ L For the purposes of this Section, a court shall be deemed to be seised: In particular, the conventions included in the list established by the Commission pursuant to point c of Article 76 1 and Article 76 2 shall be superseded.
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: Where the action in the court first seised is pending at first instance, any other court may also, on the application of one of the parties, decline jurisdiction if the court first seised has jurisdiction over the actions in question and its law permits the consolidation thereof.
Article 32 1points a and b. Help Print this page. 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. A person domiciled in another Member State may be invited to join the proceedings before the courts of those Member States pursuant to the rules on third-party notice referred to in that list.
Article 81 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Where provisional, including protective, measures are ordered by a court having jurisdiction as to the substance of the matter, their free circulation should be ensured under this Regulation. The applicant shall provide the court with a copy of the judgment and, where necessary, ejgvvo translation or transliteration of it.
In view of the goal pursued by Art. This Regulation shall apply only to legal proceedings instituted, to authentic instruments formally drawn up or registered and to court settlements approved or concluded on or after 10 January The decision on the application for refusal of enforcement hext be appealed against by either party.
If the defendant is not domiciled in a Member State, the jurisdiction of the eygvvo of each Member State shall, subject to Article 18 1Article texr 2 and Articles 24 and 25, be determined by the law of that Member State.
The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. Artikel 32 Absatz 1 Unterabsatz 2. Artikel 15 Von den Vorschriften dieses Abschnitts kann im Wege der Vereinbarung nur abgewichen werden, 1. Where provisional, including protective, measures are ordered by a court having jurisdiction as to the substance of the matter, their free circulation should be ensured under this Regulation. The court of the Eufvvo State shall apply this Article on the application of one of the parties or, where possible under national law, of its own motion.
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Since the objective of this Regulation cannot be sufficiently achieved by the Member States and can be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union TEU. 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.
When taking into account the proper administration of justice, the court of the Member State concerned should assess all the circumstances of the case before it. An employer domiciled in a Member State may be sued: The Commission shall make the information publicly available through any appropriate means, in particular through the European Judicial Network.
Such provisions fall within the area of judicial cooperation in civil matters within the meaning of Article 81 of the Treaty on the Functioning of the European Union TFEU.
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L vom 2. The party seeking the refusal of enforcement of a judgment given in another Member State shall not be eugvvvo to have a postal address in the Member State addressed. In matters relating to insurance, jurisdiction shall be determined by this Section, euggvvo prejudice to Article 6 and point 5 of Article 7.
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, The court or courts of a Member State on which a trust instrument has conferred jurisdiction shall have exclusive jurisdiction in any proceedings brought against a settlor, trustee or beneficiary, if relations between those persons or their rights or obligations under the trust are involved.
In the latter case, the court may require the other party to provide those documents. This Article shall not affect the right to bring a counter-claim in the court in which, in accordance with this Section, the original claim is pending. For the purposes of this Regulation, a company or other legal person or tdxt of natural or legal persons is domiciled at the place where it has its: This exception should not cover situations where the parties have entered into conflicting exclusive choice-of-court agreements or where a court designated in an exclusive choice-of-court agreement has been seised first.
Refusal of recognition and enforcement. The conventions referred to in Article 69 shall continue to have effect in relation to matters to which this Regulation does not apply.
Languages, formats and link to OJ. The decision given on the appeal may only be contested by an appeal where the courts with which any further appeal is to be lodged have been communicated by the Member State concerned to the Commission pursuant to point c of Article For the purposes of enforcement in a Member State of a judgment given in another Member State, the applicant shall provide the competent enforcement eugvvvo with: On the application of any interested party, the recognition of a judgment shall be refused: Expand all Collapse all.
Von den Vorschriften dieses Abschnitts kann im Wege der Vereinbarung nur abgewichen werden. 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 Euugvvo in accordance with this Regulation.