Acknowledgment and Authorization in Common and Business MATTERS.


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Diagram. Foundation and substance of the Brussels I RegulationConditions for acknowledgment and enforcementEffects of and issues with of acknowledgment and requirement. REGULATION 44/2001 IN CONTEXT. . The Way to Brussels I. Article 220 EEC-Treaty (293 ECT)The part states might, so far as important, go into arrangements with one another with a perspective to securing for the advantage of their nationals.
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Acknowledgment and ENFORCEMENT in CIVIL and COMMERCIAL MATTERS A.A.H. van Hoek 2003

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OUTLINE Background and substance of the Brussels I Regulation Conditions for acknowledgment and requirement Effects of and issues with of acknowledgment and authorization

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REGULATION 44/2001 IN CONTEXT

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The Way to Brussels I Article 220 EEC-Treaty (293 ECT) The part states should, so far as fundamental, go into arrangements with each other with a perspective to securing for the advantage of their nationals.… . The rearrangements of conventions representing the equal acknowledgment and implementation of judgments of courts or tribunals and of arbitral honors.

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The Brussels Convention 1968: Belgium; France; Germany; Italy; Luxembourg; The Netherlands 1978: Denmark, Ireland, UK 1982: Greece 1989: Portugal, Spain

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The Lugano Convention 1988: EC Member States + EFTA Member States: Austria, Norway, Sweden, Finland, Iceland, Switzerland 1997: Austria, Sweden, Finland consent to Brussels I 2002: Poland agrees to Lugano

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The Brussels I Regulation Based on Article 65 EC-Treaty Community instrument Reservation of Denmark: presentation 21 Special status of abroad domains: Article 68 Reg. jo Article 299 EC-Treaty

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Conflicts of Treaties 1 Application ratione materiae: Article 1 Territorial application: Jurisdiction Lis pendens vindication Recognition and requirement

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Jurisdiction Domicile of litigant: Article 2, 3 and 4 Additional ward: Articles 5, 6 Exclusive purview: Article 22 (16) Choice of discussion: Article 23 (17)

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3 INSTRUMENTS Regulation/Brussels/Lugano residence of respondent EEA + Poland selective ground M-S (- DK) decision of gathering DK OT

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Other Inter-and Supranational Instruments Bilateral settlements between part conditions of the traditions/control Multilateral traditions on particular topics: transportation, support Bilateral traditions with third nations Secundary people group enactment: order on the posting of laborers

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Conflicts of Treaties 2 Priority of EC-law: Article 67 Bilateral arrangements between part states: Article 69/70: application ratione materiae Specific Conventions: Article 71 Third Countries: Article 72

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Article 1 Civil and business matters: C-271/00, C-266/01 Family law issues: case 143/78, C-220/95 Bankruptcy Social security: C-271/00 Arbitration: C-190/89, C-391/95

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CONDITIONS of RECOGNITION and ENFORCEMENT

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Elements of a Judgment Facts: technique to build up the truths, rules on confirmation Law: acknowledgment of comparability of norm(s) connected Conclusion: lawful thinking, reasonable listening to Sanction/cure

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Conditions of Recognition and/or Enforcement Jurisdiction Notice Fair trial (procedural open approach) Substantive open strategy Conflicting judgments (Finality of the judgment/executory power)

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Procedure for Recognition and Enforcement Automatic acknowledgment: Article 33 Exequatur: Ex parte starting method: Article 41 Appeal: Article 43 ff No ex officio refusal of exequatur!

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Jurisdiction: Article 35 No trial of purview by perceiving court Exceptions: Consumers and protection Exclusive ward \'Article 4\' traditions Jurisdiction is not some portion of open approach Krombach v Bamberski

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Notification: Article 34 sub 2 Default judgment: independent C-172/91, C-78/95 In due structure: court of cause/worldwide instruments Case 166/80, case 305/88 Timely: perceiving court Case 166/80, case 49/84 \'Nearby cures\'

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Public Policy Substantive Declaratory part – cure Natural equity – open interest rules Procedural: Article 6 ECHR

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Public Policy (Cont.) Manifest rupture Result in the specific case Member state – European Court of Justice

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Articles 81/82 EC-Treaty Eco Swiss v Benetton C-126/97: Article 81/82 are a piece of group open arrangement Renault v Maxicar C-38/98: no open strategy for the use of Article 34 sub 1 Restrictive understanding? Fit standard of law Common arrangement of mediation/translation

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Article 6 ECHR ECtHR: Pellegrini v Italy ECJ: Krombach v Bamberski Dutch Supreme Court: nearby cures

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Irreconcilable judgments Relationship with lis pendens explanation and related activities (Articles 27, 28) Relationship with res iudicata Judgments between Same gatherings Entailing legitimate results which are fundamentally unrelated

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EFFECTS of RECOGNITION

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Effects of a Judgment Res iudicata impact: the relationship between gatherings is controlled by the judgment Ne bis in idem: gatherings are estopped to retry the same issue Title for authorization

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Types of Judgments Declaratory judgments: truths, law, valuation for realities e.g. release of a case Constitutive judgments: change/make a lawful circumstance e.g. annullment of a patent Condemnatory judgments: contain an authorization/cure e.g. harms/limiting request

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Recognition Models Assimilation/rise to treatment Home nation control Reciprocity/cumulation/open arrangement special case

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Conflict Rules for Recognition and Enforcement Effects of the judgment = nation of starting point Hofmann v. Krieg, case 145/86 Enforcement = perceiving nation Article 22 sub 5 Article 40

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Binding Effect Parties: who Cause of activity: what Law + realities Collateral estoppel

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Enforcement Exclusive locale of court of nation of requirement Article 22 sub 5 Payment and other mediating conditions: case 145/86, C-267/97 Remedies: Contempt of court, fines and so forth Time limits

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Exequatur Parties Full or fractional exequatur Legal representation Time limits Costs Formalities Review

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