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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L 74 vom A consumer may bring proceedings against the other party to a contract either in the courts of the Tect State in which that party is domiciled or, regardless of the domicile of the other party, rext the courts for the place where the consumer is domiciled.
Where jurisdiction is based on Article 4 or on Articles 7, 8 or 9 and proceedings are pending before a court of a third State at the time when a court in a Member State is seised of an action involving the same cause of action and between the same parties as the proceedings in the court of the third State, the court of ttext Member State may stay the proceedings if: 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.
An insurer who is not domiciled in a Member State but has eugvco branch, agency or other establishment in one of the Member States shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that Member State.
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Article 5, points 5 to 7. It should not include measures which are not of a protective nature, such as measures ordering the hearing of a witness. Article 19 The provisions of this Section may be departed from only by an agreement: To that extent, Art.
Without prejudice to any more favourable provisions of national eugvco, persons domiciled in a Member State who are being prosecuted in the criminal courts of another Member State of which they are not nationals for an offence which was not intentionally committed may be defended by persons qualified to do so, even if they do not appear in person.
Jurisdiction should always be available on this ground save in a few well-defined situations in which the subject-matter of the dispute or the autonomy of the parties warrants a different connecting factor.
The court, or the authority responsible for service, referred to in paragraph 1, shall note, respectively, the date of the lodging tetx the document instituting the proceedings or the equivalent document, or the date of receipt of the documents to be served.
In matters relating to insurance, jurisdiction shall be determined by this Section, without prejudice to Article 6 and point 5 of Article 7. For the Council The President A. This Regulation shall not affect the application of the New York Convention. This Regulation shall be binding in its entirety and directly gext in the Member Eguvvo in accordance with the Treaties.
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. This is to ensure that, in such a situation, the designated court has priority to decide on the validity of the agreement and on the extent to which the agreement applies to the eugcvo pending before it. Sie gilt ab dem Any party may challenge the adaptation of the measure or order before a court.
Andere Rechtsfragen. Art. 27 EuGVVO : Internationales Handelsrecht
The same applies if movable and immovable property are covered by the same insurance policy and both are adversely affected by the same contingency. 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, dugvvo or establishment, be deemed to be domiciled in that Member State.
Mutual trust in the administration of eugvvk in the Union justifies the principle that judgments given in a Member State should be recognised in all Member States without the need for any special procedure. The designated court should be able to proceed irrespective of whether the non-designated court has already decided on the stay of proceedings.
Eine Person, die ihren Wohnsitz im Hoheitsgebiet eines Mitgliedstaats hat, kann auch verklagt werden:. Need more search options? Where jurisdiction is based on Article 4 or on Articles 7, 8 or 9 and an action is ttext 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 tex the proceedings if: The procedure for refusal of enforcement shall, in so far as it is not covered by this Regulation, be governed by the law of the Member State addressed.
An insurer domiciled in a Member State may be sued: This Regulation should not apply to any action or ancillary proceedings relating to, in particular, the establishment of an arbitral tribunal, the powers of arbitrators, the conduct of an arbitration procedure or any other aspects of such a procedure, nor to any action or judgment concerning the annulment, review, appeal, recognition or enforcement of an arbitral award.
On the other hand, a classification, as in Art. 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.
Article 59 A court settlement which is enforceable in the Member State of origin shall be enforced in the other Member States under the same conditions as authentic instruments.
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L vom 2. Lis pendens — related actions. Provisional, including protective, measures. Gleichzeitig sollte die Abschaffung der Exequaturverfahren von einer Reihe von Schutzvorkehrungen begleitet werden. Skip to main content. An employer not domiciled in a Member State may be sued in a court of a Member State in accordance with point b of paragraph 1.
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Article 23 The provisions of this Section may be departed from only by an agreement: Where the person against whom enforcement is sought is domiciled in a Member State other than the Member State of origin, he may request a translation of the judgment in order to contest the enforcement if the judgment is not written in or accompanied by a translation euggvo either of the following languages:.
A judgment given in a Member State shall be recognised in the other Member States without any special procedure being required. As a result, a judgment given by the courts of a Member State should be treated ttext if it had been given in the Member State addressed. Rather, [Seller]’s performance characteristic for the contract consisted, according to the intention of the contract parties, more of a success-oriented performance of a typical sales contract, which are delivery and transfer of title to the finished goods to [Buyer].
The court to which an application for refusal of enforcement is submitted or the court which hears an appeal lodged under Article 49 or Article 50 may stay the proceedings if an ordinary appeal has been lodged against the judgment in the Member State of origin or if the time for eugvvl an appeal has not yet expired. Regarding the rugvvo at which the goods were to be or should have eugvfo delivered by [Seller] Art.
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. Article 50 The decision given texxt the appeal may only be contested by an appeal where the courts with which any further appeal is to be lodged have been communicated by the Member State concerned to the Commission pursuant to point c of Article