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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 963. Of when the European Enforcement Order does not work
Wednesday, May 29, 2013 @ 5:01 PM

 

1) If the recognition of the foreign Court Decission is  manifestly contrary to public order of the enforcing country.

2) If the decission was given in default of appearance, if the judicial calling was not served to the debtor so he could defend himself, unless he failed to appeal  the judgment when this was possible

3) if it is irreconciliable with a judgment given between the same parties in
the enforcing country

4) if the judgment is irreconcilable with an earlier judgment given in another
Member Country  between the same parties to a dispute involving the
same object and the same cause and  this latter judgment fulfills the conditions
necessary for its recognition in the Member State. .
 
 
 
"Punta del boquerón", Sancti Petri, Chiclana, Cádiz, Southwest of Spain.


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1 Comments


Anne said:
Wednesday, May 29, 2013 @ 5:41 PM

Thanks Maria.
What about contentious inconsistent judicial rulings that are denied admission into the Supreme Court in the enforcing country, where it can be demonstrated from another member state that an existing law in the enforcing country has not been correctly recognised and has compromised inalienable rights? Or where enforcement of an appeal ruling has not taken into account facts relating to legal negligence/malpractice/denial of inalienable rights due to POA abuse (not acting in the best interest of the client)? Is there no means of challenging such questionable enforcements?

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