Keywords
Summary

Keywords

++++

Convention on jurisdiction and the enforcement of judgments ° Recognition and enforcement ° Grounds of refusal ° Defendant who failed to appear not served, or not duly served, with the document instituting the proceedings ° Failure by defendant to have recourse to the remedies provided for in the State where judgment was delivered after becoming aware of the judgment delivered in default of appearance ° Refusal of recognition

(Convention of 27 September 1968, Art. 27(2))

Summary

Article 27(2) of the Brussels Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters must be interpreted as precluding a judgment given in default of appearance in one Contracting State from being recognized in another Contracting State where the defendant was not duly served with the document which instituted the proceedings, even if he subsequently became aware of the judgment which was given and did not avail himself of the remedies provided for under the code of procedure of the State where the judgment was delivered.