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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No security, bond or deposit, however described, shall be required of a party who in one Member State applies for the enforcement of a judgment given in another Member State on the ground that he is a foreign national or that he is not domiciled or resident in the Member State addressed.
This Regulation should not apply to arbitration.
In jedem Fall wendet dieses Gericht Artikel 28 dieser Verordnung an. The competent enforcement authority may require the applicant to provide a translation of the judgment only if it is unable to proceed without such a translation.
For the purposes of this Section, a court shall be deemed to be seised: In matters relating to insurance, jurisdiction shall be determined by this Section, without prejudice to Article 6 and point 5 of Article 7. If necessary, the party invoking the judgment or seeking its enforcement may be required to provide a translation or a transliteration of the judgment.
Germany 9 July Federal Supreme Court (Airbag parts case) [translation available]
The court of the Member State may continue the proceedings at any time if: The court of the Member State shall dismiss the proceedings if the proceedings in the court of the third State are concluded and have resulted in a judgment capable of recognition and, where applicable, of enforcement in that Member State.
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.
Jurisdiction over consumer contracts. A defendant not domiciled in a Member State should in general be subject to the national rules of jurisdiction applicable in the territory of the Member State of the court seised.
Apart from jurisdiction derived from other provisions of this Regulation, a court of a Member State before which a defendant enters an appearance shall have jurisdiction. This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular the right to an effective remedy and to a fair trial guaranteed in Article 47 of the Charter.
It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. Examination as to jurisdiction and admissibility. By 11 January the Commission shall present a report to the European Parliament, to the Council and to the European Economic and Social Committee on the application of this Regulation.
Seeprivatrechtliche Streitigkeiten Unter Der Eugvvo (German, Electronic book text)
Where provisional, including protective, measures are ordered by a court of a Member State not having jurisdiction as to the substance of the matter, the effect of such measures should be confined, under this Regulation, to the territory of that Member State. The court or authority before which egvvo 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 Member States shall notify the Commission of any subsequent amendments required to be made to those lists. To that extent, the Court of Appeals correctly interpreted the purchase orders countersigned by [Seller] to mean that, in light of the already fundamentally agreed upon contract clauses, there was no intention of the contract parties to make [Buyer]’s general tet and conditions an additional part of the delivery contract, which until then had not been a subject of the negotiations conducted by the two parties, and, via the forum selection clause contained therein, to agree to Turin as the exclusive forum under Art.
SECTION 10 Provisional, including protective, measures Article 35 Application may be made to the courts of a Member State for such provisional, including protective, measures as may be available under the law of that Member State, even if the courts of another Member State have jurisdiction as to the substance of the matter. Artikel 7, einleitende Worte. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
Article 16 The following are the risks referred to in point 5 of Article This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular the right to an effective remedy and to a fair trial guaranteed in Article 47 of the Charter.
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. Where a judgment contains a measure or order which is not known in the law of the Member State addressed, that measure or order, including any right indicated therein, should, to the extent possible, be adapted to one which, under the law of that Member State, has equivalent effects attached to it and pursues similar aims. The autonomy of the parties to a contract, other than an insurance, consumer or employment contract, where only limited autonomy to determine the courts having jurisdiction is allowed, should be respected subject to the exclusive grounds of jurisdiction laid down in this Regulation.
Skip to main content. 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 The provisions of this Section 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.
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.
Article 55 A judgment given in a Member State which orders a payment by way of a penalty shall be enforceable in the Member State addressed only if the amount of the payment has been finally determined by the court of origin.
That is so because, in the case of a determination of the respective place of delivery based on substantive law, the uniformity desired specifically through the connection to factual criteria with the resulting foreseeability and easy determinability of the place of performance that determines jurisdiction, would be called into question for the group of sales and service contracts compare European Court of Justice, id.