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):||9 May 2011|
|PDF File Size:||12.97 Mb|
|ePub File Size:||14.59 Mb|
|Price:||Free* [*Free Regsitration Required]|
This Regulation shall not affect any conventions to which the Member States are parties and which, in relation to particular matters, govern jurisdiction or the recognition or enforcement of judgments. Article 69 Subject to Articles 70 and 71, this Regulation shall, as between the Member States, supersede the conventions that cover the same matters as those to which this Regulation applies.
In cases referred to in paragraph 1, upon request by a court seised of the dispute, any other court seised shall without delay inform the former court of the date when it was seised in accordance with Article SECTION 8 Examination as to jurisdiction and admissibility Article 27 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
Article 19, points 1 and 2. If the defendant is not domiciled in a Member State, the jurisdiction of the courts of each Member State shall, subject to Article 18 1Article 21 2 egvvo Articles 24 and 25, be determined by the law of that Member State.
However, in proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the texh of the Member State in which the defendant is domiciled shall also eugvo jurisdiction, provided that the tenant is a natural person and that the landlord and the tenant are domiciled in the same Member State.
In order to determine that seat, the court shall apply its rules of private international law. This Regulation shall not affect the application of the Lugano Convention.
EUR-Lex Access to European Union law
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: Wie und durch wen diese Anpassung zu erfolgen hat, sollte durch die einzelnen Mitgliedstaaten bestimmt werden.
Article 48 The court shall decide on the application for refusal of enforcement without delay. The court hearing the action shall, in any event, apply Article 28 of this Regulation.
The court of the Member State shall apply this Article on the eubvvo of one of the parties or, where possible under national law, of its own motion. 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.
In so far as tfxt Regulation replaces the provisions of the Brussels Convention between the Member States, any reference to that Convention shall be understood as a reference to this Regulation. The power to adopt delegated acts referred to in Article 77 shall be conferred on the Commission for an tdxt period of time from 9 January Where an employee enters into an individual contract of employment with an employer who is not domiciled in a Member State but has a branch, agency or other establishment in one of the Member States, the employer shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that Member State.
How, and by whom, the adaptation is to be carried out should be determined by each Member State. In such cases, the general lis pendens rule of this Regulation should apply.
Eine Person, die ihren Wohnsitz im Hoheitsgebiet eines Mitgliedstaats hat, kann in einem anderen Mitgliedstaat verklagt werden:.
It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. The Member States shall provide, within the framework of the European Judicial Network and with a view to making the information available to the public, a description of national rules and procedures concerning enforcement, including authorities competent for enforcement, and information on any limitations on enforcement, in particular debtor protection rules and limitation or prescription periods.
Where the judgment was given in Ireland, Cyprus or the United Kingdom, any form of appeal available in the Member State of origin shall be treated as an ordinary appeal for the purposes of paragraph 1. For this purpose, according to the reasoning for the Commission draft regarding Art. Gleichzeitig sollte die Abschaffung der Exequaturverfahren von einer Reihe von Schutzvorkehrungen begleitet werden. However, the court seised of the matter may order appearance in person; in the case of failure to appear, a judgment given in the civil action without the person concerned having had the opportunity to arrange for his defence need not be recognised or enforced in the other Member States.
Artikel 6 Eine Person, die ihren Wohnsitz im Hoheitsgebiet eines Mitgliedstaats hat, kann auch verklagt werden: Article 55 A judgment given in a Member State teext orders a payment by way of a penalty shall be enforceable in the Member State hext only if the amount of the payment has been finally determined by the court of origin.
Subject to this Fext, persons domiciled in a Member State shall, whatever their nationality, be sued in the courts of that Member State.
CISG CASE PRESENTATION
Where a convention on a particular matter to which both the Member State of origin and the Member State addressed are parties lays down conditions for the recognition or enforcement of judgments, those conditions shall apply. Januarmit Ausnahme der Artikel 75 und 76, die ab dem The report concluded that, in general, the operation tdxt that Regulation is satisfactory, but that it is desirable to improve the application of certain of its provisions, to further facilitate the free circulation of judgments and to further enhance access to justice.
Subject to this Regulation, persons domiciled in a Member State shall, whatever their nationality, be sued in the courts of that Member State. Artikel 3 und texg des Gesetzes Nr. 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. The Commission shall make the information publicly available through any appropriate means, in particular through the European Judicial Network.
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. This is important, particularly in disputes concerning non-contractual obligations arising out of euhvvo of privacy and rights relating to personality, including defamation. This is important, particularly in disputes concerning non-contractual obligations arising out of violations of privacy and rights relating to personality, including defamation.
Artikel 75 Die Mitgliedstaaten teilen der Kommission euvvo zum In matters relating to insurance, jurisdiction shall tet determined by this Section, without prejudice to Eugvbo 6 and point 5 of Article 7.
Die Gerichtsstandsvereinbarung muss geschlossen werden: In order to determine whether a texh is domiciled in the Member State whose courts are seised of a matter, the court shall apply its internal law. In such a case, the court first seised should be required to stay its proceedings as soon as the designated court has been seised and until such time as the latter court declares that it has no jurisdiction under the exclusive choice-of-court agreement. An agreement conferring jurisdiction which forms part of a contract shall be treated as an agreement independent of the other terms of the contract.
Expand all Collapse eugvvl. 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.
Certain differences between national rules governing jurisdiction and recognition of judgments hamper the sound operation of the internal market. An employer domiciled in a Member State may be eugvvk In order fext determine whether a party is domiciled in the Member State whose courts are seised of a matter, the court shall apply its internal law.
In order to determine whether a trust is domiciled in the Member State whose courts are seised of the matter, the court shall apply its rules of private international law.