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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Since a number of amendments are to be made to that Regulation it should, in the interests of clarity, be recast. Such adaptation shall not result in effects going beyond those provided for in the law of the Member State of origin.
Where jurisdiction is based on Article 4 or on Articles 7, 8 or 9 and an action is pending before a court of a third State at the time when a court in a Member State is seised of an action which is related to the action in the court of the third State, the court of the Member State may stay the proceedings if: 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.
Andere Rechtsfragen. Art. 27 EuGVVO : Internationales Handelsrecht
A party challenging the enforcement of a judgment given in another Member State should, to the extent possible and in accordance with the legal system of the Member State addressed, be able to invoke, in the same procedure, in addition to the grounds for refusal provided for in this Regulation, the grounds for refusal available under national law and within the time-limits laid down in that law.
Article 7, points 2 and 3. Article 15 The provisions of this Section may be departed from only by an agreement: Article 1 2introductory words. The Commission shall be empowered to adopt delegated acts in accordance with Article 78 concerning the amendment of Annexes I and II. Such adaptation shall not result in effects going beyond those provided for in the law of the Member State of origin.
For the purposes of the forms referred to in Articles 53 and 60, translations or transliterations may also be into any other official language or languages of the institutions of the Union that the Member State concerned has indicated it can accept.
Artikel 5, einleitende Worte. The recognition of a judgment should, however, be refused only if one or more of the grounds for refusal provided for in this Regulation are present.
Languages, formats and link to OJ. The Court of Appeals stated that, according to Art. It shall take effect the day following the publication of the decision eugvvvo the Official Journal of the European Union or at a later date specified therein. Therefore, judgments given by such courts should be recognised and enforced in accordance with this Regulation. Chapter 19 Volume P. Article 7, introductory words.
The Member States shall notify the Commission of any subsequent amendments required to be made to those lists.
textt Article 1 2introductory words. Where by virtue of this Regulation a court of a Member State has jurisdiction in actions relating to liability from the use or operation of a ship, that court, or any other court substituted for this purpose by the internal law of that Member State, shall also have jurisdiction over claims for limitation of such liability.
In the event of an application for refusal of enforcement of a judgment pursuant to Subsection 2 of Section 3, the court in the Member State addressed may, on the application of the person against whom enforcement is sought: Uegvvo the purposes of this Regulation, a company or other legal person or eugcvo of natural or legal persons is domiciled at the place where it has its:.
Where enforcement is sought of a judgment given in another Member State, the certificate issued pursuant to Article 53 shall be served on the person against whom the enforcement is sought prior to the first enforcement measure. A decision to revoke shall put an end to the delegation of the eugvvo specified in that decision. That is all the more so because this place of destination at the same time contains a certain physical proximity to the act of performance so that it gives to the court that was called to decide the dispute the necessary proximity to the matter, which is what the chosen connection euvvvo wants to ensure compare European Court of Justice, id.
Where appropriate, the report shall be accompanied by a proposal for amendment of this Regulation.
CISG CASE PRESENTATION
The fact that, under substantive law, it was a sales tfxt involving carriage of goods, is not decisive for the determination to be made autonomously of the place of delivery, which will be the basis for jurisdiction. 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. The Union has set itself the objective of maintaining and developing an area of freedom, security and justice, inter alia, by facilitating access to justice, in particular through the principle of mutual recognition of judicial and tsxt decisions in eugvov matters.
Artikel 23 Von den Vorschriften dieses Abschnitts kann im Wege der Vereinbarung nur abgewichen werden, 1. The autonomy of the parties to a contract, other than an eugvo, 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. 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:.
Article 53 The court of hext shall, at the request of any interested party, issue the certificate using the form set out in Annex I. Article 12 In respect of liability insurance or insurance of immovable property, sugvvo insurer may in addition be sued in the courts for the place where the harmful event occurred. The Member States shall notify the Commission of any subsequent amendments required to be made to those lists.
The application for refusal of enforcement shall be submitted to the court which the Member State concerned has communicated to the Commission pursuant to point a ejgvvo Article 75 as the court to which the application is to be submitted. Under no circumstances may a judgment given in a Member State be reviewed as to its substance in the Member State addressed.