Keywords
Summary

Keywords

1. Convention on Jurisdiction and the Enforcement of Judgments - Recognition and enforcement - Grounds for refusal - Irreconcilable judgments - Interlocutory judgments, one granting an injunction the other refusing to grant an injunction

(Brussels Convention of 27 September 1968, Art. 27(3))

2. Convention on Jurisdiction and the Enforcement of Judgments - Recognition and enforcement - Grounds for refusal - Irreconcilable judgments - Mandatory nature of requirement to refuse recognition

(Brussels Convention of 27 September 1968, Art. 27(3))

Summary

$$1. On a proper construction of Article 27(3) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, as amended by the Convention of 9 October 1978 on the Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, by the Convention of 25 October 1982 on the Accession of the Hellenic Republic and by the Convention of 26 May 1989 on the Accession of the Kingdom of Spain and the Portuguese Republic, a foreign decision on interim measures ordering an obligor not to carry out certain acts is irreconcilable with a decision on interim measures refusing to grant such an order in a dispute between the same parties in the State where recognition is sought.

( see para. 47, operative part 1 )

2. Where a court of the State in which recognition is sought finds that a judgment of a court of another Contracting State is irreconcilable with a judgment given by a court of the former State in a dispute between the same parties, it is required to refuse to recognise the foreign judgment.

( see para. 52, operative part 2 )