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Reasons for Denying Recognition and Enforcement of Court Decisions according to the Council Regulation (EC) No. 44/2001 of December 22, 2000 on Court Jurisdiction and Recognition and Enforcement in Civil and Commercial Matters

Hrvoje Sikirić ; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska


Puni tekst: hrvatski pdf 207 Kb

str. 45-100

preuzimanja: 2.064

citiraj


Sažetak

The Council Regulation (EC) no.44/2001 of December 22, 2000 on court jurisdiction and recognition and enforcement of decisions on civil and commercial matters is a source of European communitarian private international law. The paper analyzes Chapter III of the Regulation that deals with court judgments taken in one EU member country and their recognition and enforcement in another member country. The introductory part gives a brief historical overview of European Community private international law together with a categorization of measures used in this process. Some basic remarks are made on the scope of application of the Regulation and basic information is given on preliminary rulings of the European Court. After explaining the scopes of application of Chapter III regarding the merits of judgment, space, time and persons, a detailed explanation is given of the concept of judgment as used in the Regulation. The reasons for denying recognition and enforcement are explained by the order of the Regulation's provisions, and its running counter to the public policy of the member state of which reocognition and enforcement is required, by the infringement of due process for the defendant who defaulted, and by inconsistent decisions. The paper specially analyzes prohibition of questioning the jurisdiction of the EU member country of origin , noting some exceptions from this prohibition, and the prohibition of reexamining the merits of the foreign judicial decision.

Ključne riječi

European private international law; Brussels Regulation I; judicial cooperation in civil matters; public policy; due process; inconsistent decisions; international jurisdiction; merits of judgment; recognition and enforcement

Hrčak ID:

48827

URI

https://hrcak.srce.hr/48827

Datum izdavanja:

22.2.2010.

Podaci na drugim jezicima: hrvatski njemački

Posjeta: 3.944 *