European Business Law
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Abolition of restrictions on free movement
Title 1: Principles of precedence and direct effect
Title 2: Directives
Section 1: Jurisdiction
1°: Judgment of an independent court of a Member State
3°: Subject-matter and nature of the decision
B: Extent of the court's control
C: Mechanism of recognition ipso jure
D: Implementation of an exequatur or recognition procedure
II: Implementing authentic instruments and court settlements
Section 3: Insolvency proceedings
Chapter 2: Anti-dumping/Anti-subsidies
368. Judicial decision observing the adversary principle
1 minute de lecture
In order to be recognized and enforced under Regulation No 1215/2012, the judgments must have been given by the court of origin in accordance with a procedure which complies with the adversary principle and the rights of the defense, even if the wording of Article 45 does not require it expressly. According to the Court of Justice, judicial decisions which, before their recognition or enforcement …
