CURIA

Brussels and Lugano Conventions
Regulation 44/2001

Classification Scheme



E Convention on Jurisdiction and Enforcement of Judgments
E-27 Grounds for refusal of recognition
E-27.01 Proviso as to public policy

Judgment ordering the payment of a sum given in Italian lire to be increased so as to reflect the revaluation of the currency which took place after the institution of the proceedings and ordering the payment of legal interest - Exequatur sought in Germany more than ten years after that date - Value of the sum increased by interest in German currency corresponding to the double of the value of the original judgment debt - Breach of public policy - Absence - National legislation prohibiting the indexation of debts given in German currency - Inapplicable - N 1993/32

English decision dismissing the claim of the plaintiff on the merits because he had not provided security for costs - Plaintiff ordered to pay the costs of the defendants - Exequatur of the order for costs sough in France - Refusal to enforce the judgment dismissing the claim on the merits for non compliance with French public policy - Inadmissible - Refusal to enforce possible solely for grounds of public policy in relation to the order for costs - N 1993/35

Foreign judgment ordering a civil servant to compensate damage caused by him in the exercice of his official duties - Liability of the civil servant, under the constitution of the State addressed, replaced by that of the authority on whom he depends - Sentence passed on the civil servant personally compatible with public policy - N 1993/38

Foreign judgment awarding damages against a teacher in a public sector school in respect of an accident which caused the death of a student - Personal injury caused by the accident was covered by a scheme of social security established by legislation in force in the State in which recognition is sought - Legislative scheme providing exemption form liability - Foreign judgment contrary to public policy in so far as it concerns personal injury - N 1993/38

Grounds underlying foreign judgment insufficiently stated - Succinct statement of grounds - Production of documents evidencing lack of grounds for refusal - No breach of French public policy - N 1994/20

Contrary to public policy - Concept - Defendant was not validly represented in proceedings of which he was not aware, but did not avail himself of any legal remedy after he had cognizance of the judgment - Included - N 1995/8

Enforcement order - Appeal against the grant of enforcement - Argument founded on the lack of indication of the rights of appeal when the foreign judgment was served - Defendant aware of the proceedings - Argument not relied upon before the court seised with the appeal against the enforcement order - Obligation of the court to examine ex officio - None - Circumstance upon which the argument is based compatible with French procedural public policy - N 1996/20

Concept covering the content of the foreign decision as well as the proceedings leading to it - Respect for the principle of a fair hearing - English court decision - No statement of the grounds upon which it was based - Not contrary to Italian public policy - N 1997/14

Exhaustive list - Judgment given after full arguments on both sides - Service by delivery to the court authorities in the State of origin - Alleged irregularity in the service of the foreign judgment by reference to the procedural law of either the State of origin or the State addressed - Not constitutive of a breach of public policy - Review of the conformity of service limited to the document instituting the proceedings - Grant of the enforcement order - N 1997/25

Decision contrary to public policy in the State addressed - Order for costs made by English court following unsuccessful proceedings brought by the plaintiffs - Decision in default against a party unaware of the proceedings having been brought - Person wrongly named as co-plaintiff - Expiry of the time-limit for appealing in the State of origin - Contrary to public policy in Norway - Refusal - N 1997/28

Foreign judgment obtained by a party lacking the legal capacity to act - Argument based on lack of legal capacity dismissed by the court of origin - Breach of public policy - Absence - N 1997/31

Claim, under the cover of arguments based on an infringement of public policy, aimed at the review of the law applied by the court of origin and at the review of the substance of the decision - Grant of enforcement order - N1997/35

Injunctions granted by an English court prohibiting defendants domiciled in Germany from pursuing proceedings before the German courts - German judgments rendered notwithstanding the injunctions - Recognition contrary to English public policy - Refusal - N 1997/39

Violation of public policy in the State addressed - Concept - Non-compliance by the court in the State of origin with the prohibition to apply, as against a person domiciled in a Contracting State, jurisdiction rules other than those specified by the Convention, in particular a rule of exorbitant jurisdiction - N 1998/9

Violation of public policy in the State addressed - Concept - Refusal by the court of the State of origin to allow adebtor charged with an intentional offence to be defended by a lawyer as regards a civil claim for damages in the framework of criminal proceedings - N 1998/9

Violation of public policy in the State addressed - Concept - Non-compliance by the court in the State of origin with the prohibition to apply, as against a person domiciled in a Contracting State, jurisdiction rules other than those specified by the Counvention, in particular a rule of exorbitant jurisdiction and, in addition, refusal by the court of the State of origin to allow a debtor charged with an intentional offence to be defended by a lawyer as regards a civil claim for damages in the framework of criminal proceedings - N 1998/9

Violation of public policy in the State in which recognition and enforcement is sought - Concept - Non-compliance by the court in the State of origin of principles and rules of Community law pertaining to free movement of goods and abuse of a dominant position - Included - N 1998/11

Concept of public policy in the State addressed - International public policy - Foreign judgment condemning to pay damages with interests and indexed on a foreign currency - No violation of the French international public policy - N 1998/18

Decisions of the court of origin as to the applicable law, the weight of an expert's report and the apportionment of the burden of damages among the parties - No review as to the substance - Right to be heard respected - Absence of grounds for refusaly - N 1999/38

Decision ordering a twenty-one year old guarantor with scant resources to pay - Abuse of freedom of contract - Violation of debtor's fundamental rights - Absence - N 1999/40

Lack of reasons in foreign costs decision - Not contrary to French international public policy - Absence - N 1999/45

Assessment by the court before which enforcement is sought - Limits - Review by the Court - N 2000/4

Jurisdiction of the original court founded on the nationality of the victim of an offence - Account taken by the court before which enforcement is sought - Not permissible - N 2000/4

Contrary to the public policy of the State in which enforcement is sought - Definition - N 2000/4

Defendant prosecuted for an intentional offence - Refusal of the original court to allow the defendant to have his defence presented unless he appeared in person - Account taken by the court before which enforcement is sought - Whether permissible - N 2000/4

Assessment by the court before which enforcement is sought - Limits - Review by the Court - N 2000/5

Contrary to the public policy of the State in which enforcement is sought - Definition - N 2000/5

National law or Community law misapplied by the original court - Excluded - N 2000/5

Existence in the State of origin of intellectual property rights relating to vehicle body parts - Excluded - N 2000/5

Fixation of a significant sum as security for costs - Non- payment by the applicant - Final decision without examination of merits - Applicant ordered to pay particularly high costs - Manifest and objective obstacle to free access to justice - Contrary to French public policy - N 2000/24

Requirement, under the law of the court seised, for ministerial authorisation of enforcement against a foreign State - Concept of foreign State - Public-law corporation - Exclusion - N 2000/42

Determination by the enforcing judge - Criteria - Infringement of fundamental principles of the legal system of the State in which enforcement is sought - Recognition and enforcement of a decision already having been subject to appeal on a point of law in the State of origin - Inadmissibility of this appeal for non-compliance with the challenged decision - No conflict with Italian public order - N 2000/44

Gaming debt incurred in Great Britain in an authorised gaming establishment - Enforcement in Switzerland of the judgment ordering payment which was delivered in Great Britain - Not contrary to Swiss public policy - N 2001/21

Fraud on the rights of the defendant against whom enforcement is sought - Question arising from the substance of the dispute - Court addressed having no jurisdiction to determine the matter - N 2001/32

Public policy - Scope - Foreign judgment in default not duly served - Not contrary to public policy - N 2001/35

Public policy - Scope of review by the court addressed - Compliance with public policy in the State addressed of the law applied to the substance by the Courts of the State in which the judgment was given - N 2001/47

Order to pay maintenance on the basis of the law of the State in which the judgment was given complying with criteria different from those applicable under the law of the court addressed Application of the attenuated effect of public policy No infringement of Luxembourg international public policy - N 2001/51

Order for payment of maintenance assistance based on the law of the State in which judgment was given according to criteria different from those accepted by the court in which recognition is sought - Taking into account the attenuated effect of public policy - No breach of Luxembourg international public policy - N 2002/46

Judgment by court of a Contracting State recognising the existence of an intellectual property right in body parts for cars, and conferring on the holder of that right protection by enabling him to prevent third parties from manufacturing, selling, transporting, importing or exporting in that State such body parts - Infringement of public policy in the State in which recognition is sought - Absence - N 2003/12

Enforcement in Switzerland of a judgment delivered in England - Refusal of English court to consider the legal opinion submitted by the plaintiff as an affidavit since it was unable to satisfy the requirements of English law on the taking of evidence - Not contrary to Swiss public policy - N 2003/20

Injunction ("Mareva injunction") ordered by the English courts hearing the substantive case aimed at the defendants assets in another Contracting State - No infringement of public policy - No account taken in English proceedings of the mandatory provisions of national rules of procedure - No effect - N 2003/24

Right to a fair trial - Independent and impartial court - Review of the procedure before the court of first instance and the appeal court of the State of origin - Compliance of the procedure with Article 6(1) of the European Convention on Human Rights - Infringement of Scottish public policy - None - N 2003/32

Action for professional negligence - Proceedings stayed for 12 years - Defendants failure to appear or to be represented when proceedings recommenced - Order to pay damages - Infringement of the right to a hearing and the right to a fair trial - Infringement of United Kingdom public policy on Human Rights - Infringement of Scottish public policy - None - N 2003/33

Whether enforcement is contrary to the public policy of the State in which it is sought if the rules applicable in the State of origin differ from those applicable in the State where enforcement is sought - Not contrary - N 2004/38

Mareva injunction issued in a Contracting State prohibiting the defendant from disposing of his assets situated in another Contracting State Service of the document instituting the proceedings in which the injunction was issued, followed by a notice of motion on the protective measures sought by the applicants Defendant's right to a hearing observed No breach of public policy of the State in which recognition is sought (France) Civil sanction accompanied by criminal sanction in the State of origin No impact in the legal system of the State where recognition is sought - N 2005/35

Mareva injunction Service Detailed rules Service at defendant's last known address in the State of origin followed by further service at various addresses and by publication in the international press Admissibility - N 2005/35

Public policy Meaning Right to a fair trial as guaranteed by the European Convention on Human Rights Included Clear breaches of the rights of the defence Scope Mareva injunction issued in a Contracting State prohibiting the defendant from disposing of his assets situated in another Contracting State Lawful summons of defendant who failed to appear or to be represented, together with the option, which was not used, to request amendment or suspension of the injunction Observance of the rights of the defence No breach of international public policy - N 2005/35

Swiss judgment delivered after a single hearing and without any preparatory enquiries - Infringement of Italian public policy - None - N 2006/36

Recognition and enforcement - Certificate of enforceability - Appeal against issue - Proceedings suspended following the lodging of "an ordinary appeal" in the State of origin - Concept - Action against the State of origin before the European Court of Human Rights - Excluded - N 2006/38

Contrary to public policy in the State in which recognition is sought - Meaning - Reference to the case-law of the Court of Justice - Breach of the fundamental principles of the State in which recognition is sought - Infringement of an individuals right that is recognised under the Czech legal system as being a fundamental right - Included - N 2007/17

Enforcement of an order against a municipal council in relation to a guarantee apparently validly signed by the Mayor, but withdrawn - Not contrary to French international public policy - N 2007/22

No statement of grounds for the foreign judgment - Production at the hearing of an untranslated document no substitute for the missing statement of grounds - Contrary to international public policy - Recognition refused - N 2007/25

Debtors application dismissed by a court of appeal of the State of origin for failure to enter an appearance - No breach of public policy - N 2007/38

Breach of public policy of the State in which recognition is sought Meaning Foreign judgment preventing one of the parties from presenting any form of defence (debarment) on the ground of failure to comply with a court order Subsequent foreign judgment handed down in the absence of any form of defence by the unsuccessful party Included Request for interpretation - N 2008/5

Judgment concerning maintenance obligations in the context of a marital separation Notification of judgment prevented by the applicant by mistake Swiss legislation establishing a legal fiction for the purposes of deeming that judgment to have been notified Breach of public policy in the international sense of the term No breach - N 2008/25

Italian judgment relating to escrow agreement delivered following arbitration award made in France concerning the underlying loan agreement French judgment setting aside the arbitration award for lack of jurisdiction Ordinary appeal in Italy against the Italian judgment on the basis of annulment of the arbitration award Contrary to United Kingdom public policy on the ground that the factual basis for the Italian judgment, that is, the findings of fact in the arbitration award, had been removed Not contrary - N 2008/32

Order for taxation of costs by the court of a Member State setting the amount of costs at a disproportionately high level in relation to the value of the subject-matter of the dispute Whether contrary to Greek public policy Enforcement refused - N 2008/36

Assessment by the court before which enforcement is sought - Judgment delivered in the State of origin following an order excluding the defendant from the proceedings - Manifest and disproportionate nature of the infringement of the rights of the defence - Factors to be taken into consideration by the court before which enforcement is sought - N 2009/4

Infringement of public policy of the State in which enforcement is sought - None - N 2009/7

Failure to state the grounds for the foreign judgment - Production of the summons and its annexes as documents capable of serving as the equivalent of the defective statement of grounds for the foreign judgment -Final decision by the court before which enforcement is sought - Recognition contrary to the French conception of international public policy relating to procedure - Enforcement order refused - N 2009/43

Public policy - Meaning - Appearance entered by defendant limited to contesting jurisdiction, pending judgment on the admissibility of the claim - Final judgment given without a separate prior ruling on admissibility, in accordance with the procedure of the State of origin - Infringement of Polish public policy - None - N 2009/61

Judgment of a court of a Member State concerning land situated in an area of that State over which its government does not exercise effective control – Application for recognition and enforcement in another Member State pursuant to the regulation – Whether permissible – Not contrary to public policy in the State in which recognition and enforcement are sought - N 2010/20

Party pleading bias of a judge involved in taking the decision Matters known to the party before the decision was taken Possibility of challenging bias in the proceedings in the State of origin Not contrary to public policy - N 2010/30

Judgment of a Polish court establishing the defendants paternity and ordering him to pay maintenance Defendant disputing paternity and offering to undergo a paternity test Judgment based solely on testimony relating to statements by the childs mother who was not heard because her whereabouts were unknown Contrary to German public policy Recognition refused - N 2010/36

Judgment obtained notwithstanding the existence of an arbitration clause regarded as inapplicable by the court of origin and as applicable by the court seised Not contrary to public policy - N 2010/45

Judgment of the court of the Member State of origin given in default of appearance without any examination of the substance of the claim - Contravention of Article 47 of the Charter of Fundamental Rights of the European Union - Refusal of recognition pursuant to Article 34(1) of the Regulation - Request for interpretation - N 2011/9

Necessity of effective judicial protection - Right to be heard - Contravention of public policy on account of the excessively short period prescribed for making the payment on account of the court fees, preventing the applicant from asserting his right in court - N 2011/27

Judgment given by the court of the Member State of origin not containing minimum information on the procedure for lodging an appeal - No possibility of effective defence - N 2011/51




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