By Ulrich Magnus, Peter Mankowski
This identify, a part of the hot eu Commentaries on deepest foreign legislation sequence, is dedicated to the Brussels I legislation, facing jurisdiction and popularity of judgments in civil and advertisement legislations concerns. participants within the sequence contain best specialists from just about all ecu member states. The sequence initiates a brand new particular eu kind of commenting on ecu enactments merging a number of the, and to this point cross-national, tools of interpretation of legislative acts. Commentaries can pay tribute to the perform of the eu court docket of Justice and to suitable judgments of nationwide courts besides. additionally, the desires of practitioners and the necessities of the perform will obtain specific awareness.
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Extra resources for Brussels I Regulation (European Commentaries on Private International Law)
2. Direct applicability and precedence of the Regulation . . . . . . . . . . 3. EU external competence . . . . . . 23) Slovakia . . . . . . . . . . . 24) Slowenia . . . . . . . . . . . 25) Spain . . . . . . . . . . . . . 26) Sweden . . . . . . . . . . . 27) United Kingdom . . . . . . c) Material scope of application . . d) Personal scope of application . . e) Temporal scope of application 80 81 82 84 85 88 89 90 35 VI.
1) is formulated in a stricter way (“manifestly contrary to public policy”);74 lack of service or failure of correct service does not hinder recognition of 63 64 65 66 67 68 69 70 71 72 73 74 Art. 13 Brussels and Lugano Conventions confines consumer protection to contracts for the supply of goods and services, excludes generally contracts of transport and requires that the offeror approached the consumer in the latter’s State of domicile. Art. 14 Brussels and Lugano Conventions regulate only the international jurisdiction.
41 et seq. – examination of formalities only (Art. 53) for immediate enforcement without regard to grounds for non-recognition; examination of those grounds only on appeal (Art. 43 and 45);77 Art. 60 (1) – autonomous definition of the place of domicile;78 Art. 79 26 In essence, the amendments have extended the field where the Regulation autonomously governs; they have strengthened the protection of the weaker party and they have remarkably simplified the recognition of judgments rendered in other Member States and the procedure of their enforcement.