Acknowledgment and Authorization in Common and Business MATTERS.

Uploaded on:
Category: News / Events
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.
Slide 1

Acknowledgment and ENFORCEMENT in CIVIL and COMMERCIAL MATTERS A.A.H. van Hoek 2003

Slide 2

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

Slide 3


Slide 4

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.

Slide 5

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

Slide 6

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

Slide 7

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

Slide 8

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

Slide 9

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)

Slide 10

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

Slide 11

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

Slide 12

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

Slide 13

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

Slide 14


Slide 15

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

Slide 16

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

Slide 17

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!

Slide 18

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

Slide 19

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\'

Slide 20

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

Slide 21

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

Slide 22

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

Slide 23

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

Slide 24

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

Slide 25


Slide 26

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

Slide 27

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

Slide 28

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

Slide 29

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

Slide 30

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

Slide 31

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

Slide 32

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

View more...