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Document 61983CJ0178

Sammanfattning av domen

Keywords
Summary

Keywords

CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - ENFORCEMENT - APPEAL AGAINST DISMISSAL OF AN APPLICATION FOR ENFORCEMENT - OBLIGATION TO HEAR THE PARTY AGAINST WHOM ENFORCEMENT IS SOUGHT - SCOPE

( CONVENTION OF 27 SEPTEMBER 1968 , ARTICLE 40 , SECOND PARAGRAPH )

Summary

THE COURT HEARING AN APPEAL BY THE PARTY SEEKING ENFORCEMENT IS REQUIRED TO HEAR THE PARTY AGAINST WHOM ENFORCEMENT IS SOUGHT , PURSUANT TO THE FIRST SENTENCE OF THE SECOND PARAGRAPH OF ARTICLE 40 OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS , EVEN THOUGH ( A ) THE APPLICATION FOR AN ENFORCEMENT ORDER WAS DISMISSED SIMPLY BECAUSE DOCUMENTS WERE NOT PRODUCED AT THE APPROPRIATE TIME AND ( B ) THE ENFORCEMENT ORDER IS APPLIED FOR IN A STATE WHICH IS NOT THE STATE OF RESIDENCE OF THE PARTY AGAINST WHOM ENFORCEMENT IS SOUGHT .

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