CURIA

Brussels and Lugano Conventions
Regulation 44/2001

Classification Scheme



E Convention on Jurisdiction and Enforcement of Judgments
E-16 Exclusive jurisdiction
E-16.05 Jurisdiction in proceedings concerned with the enforcement of judgments

‘Proceedings concerned with the enforcement of judgments’ - Concept - Disputes regarding the action of authorities responsible for enforcement - ‘Action paulienne’ - Not included - N° 1992/3

Enforcement of judgments - Concept - Request for a declaratory judgment on the extinction of the claim acknowledged in the decision to be enforced - Defendant/creditor domiciled in another Contracting State - Absence of authorization to proceed with the enforcement - Request not coming within the concept - Lack of jurisdiction of the Austrian courts - N° 1999/15

Proceedings brought in England by the creditor for a "third party debt order" for the payment of sums owed to the debtor by a Swiss bank - Debt arising from a bank account managed in Switzerland and governed by Swiss law - Place of enforcement in Switzerland - Lack of jurisdiction of the English courts - N° 2003/36

Enforcement of judgments - Meaning - Action seeking a declaration of cessation of entitlement to maintenance payments where there is an enforceable decision ordering the debtor to pay that maintenance as a result of an action brought within the scope of the Convention - Excluded - N° 2004/14

Enforcement of judgments - Meaning - Measures preparatory to enforcement of a judgment - Freezing order made by an English court over the assets of a Lebanese defendant - Measure in force until disposal of the claim covered by the main proceedings - Jurisdiction of the English courts - N° 2009/49

German judgment stipulating simultaneous reciprocal performance by the creditor and debtor - Debtor’s residence and assets in Poland - Place of performance in Poland - Jurisdiction of the Polish courts - N° 2009/61

 




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