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).
|Published (Last):||27 August 2008|
|PDF File Size:||1.79 Mb|
|ePub File Size:||9.10 Mb|
|Price:||Free* [*Free Regsitration Required]|
For the sale of goods and the provision of services, this rule is supplemented in Art. Die Kommission passt diese Listen entsprechend an. From the German text of this provision “. Eine Person, die ihren Wohnsitz im Hoheitsgebiet eines Mitgliedstaats hat, kann auch verklagt werden:. An authentic instrument which is enforceable in the Member State of origin shall be enforceable in the other Member States without any declaration of enforceability being required.
The court of the Member State may 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. Die Gerichtsstandsvereinbarung muss geschlossen werden: A judgment given in a Member State which is enforceable in the Member State addressed shall be enforced there under the same conditions as a judgment given in the Member State addressed.
Article 8 A person domiciled in a Member State may also be sued: On the application of any interested party, the recognition of a judgment shall be refused:. The party seeking the refusal of enforcement of a judgment given in another Member State shall not be required to have a postal address in the Member State addressed. 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.
CISG CASE PRESENTATION
The direct enforcement in the Member State addressed of a judgment given in another Member State without a declaration of enforceability should not jeopardise respect for the rights of the defence. Jurisdiction over individual contracts of employment. If the outcome of proceedings in a court of a Member State depends on the determination of an incidental question of refusal of recognition, that court shall have jurisdiction over that question. 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 of Article 75 as the court to which the application is to be submitted.
On the application of any interested party, the recognition of a judgment shall be refused: 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. Article 1 2points a and f. For the Council The President A. 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.
In order to determine whether a party is domiciled in the Member State whose courts are seised of a matter, the court shall apply its internal law. Under no circumstances may a judgment given in a Member State be reviewed as to its substance in the Member State addressed. Jurisdiction over individual contracts of employment. A delegated act adopted pursuant to Article 77 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object.
Persons who are not nationals of the Member State in which they are domiciled shall be governed by the rules of jurisdiction applicable to nationals of that Member State.
By 11 January the Commission shall present a report to the European Parliament, to the Council and to the European Economic and Social Committee yext the application of this Regulation.
This Regulation should not apply to arbitration.
Andere Rechtsfragen. Art. 27 EuGVVO : Internationales Handelsrecht
Such provisions fall within the area of judicial texh in civil matters within the meaning of Article 81 of the Treaty on the Functioning of the European Union TFEU. Similarly, some of ehgvvo German legal commentaries analyze which service components are the main ones in a particular case, or whether it is up to the buyer to provide a substantial portion of the necessary materials when analyzing contracts with sales and service portions, referencing Art. On the other hand, a classification, as in Art.
For the purposes of this Regulation, a company or other legal person or association of natural or legal persons is domiciled at the place where it has its:. Where actions come within the exclusive jurisdiction of several courts, any court other than the court first etxt shall decline jurisdiction in favour of that court.
In relation to insurance, consumer and employment contracts, txet weaker party should be protected by rules of jurisdiction more favourable to his interests than the general rules. Any interested party may, in accordance with the procedure provided for in Subsection 2 of Section 3, apply for a decision that there are no grounds for refusal of recognition as referred to in Article eugvvl The application for refusal of recognition shall be made in accordance with the procedures provided for in Subsection 2 and, where appropriate, Section 4.
EUR-Lex Access to European Union law
Article 2 For the purposes of this Regulation: 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 a defendant domiciled in one Member State is sued in a court of another Member State and does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction unless its jurisdiction is derived from the provisions of this Regulation. For the purposes of this Regulation, a company or other legal person or association of natural or legal persons is domiciled at the place where it has its: 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.
Article 7, points 2 and 3. If a party is not domiciled in the Member State whose courts are seised of the matter, then, in order to determine whether the party is domiciled in another Member State, the court shall apply the law of that Member State. A party who wishes to invoke in a Member State a judgment given in another Member State shall produce: