Tavoulareas v Tsavliris & Ors [2006] EWHC 414 (Comm) (09 March 2006)

Tavoulareas v Tsavliris & Ors [2006] EWHC 414 (Comm) (09 March 2006)

Recognition of the Greek judgment is refused under Article 34.2 of Council Regulation (EC) No. 44/2001 because the judgment was given in default of appearance, the defendant (Tavoulareas) was not properly served in sufficient time and manner to arrange for his defence, and he has now commenced proceedings to challenge the judgment in Greece. The requirements for non-recognition are satisfied and the application for recognition is dismissed.

Citation
[2006] EWHC 414 (Comm)
Parties
Claimant: Peter Tavoulareas; Defendant: George Tsavliris; Defendant: Andrew Tsavliris; Defendant: A. G. Tsavliris and Sons Maritime Company; Defendant: Tsavliris Salvage International Ltd; Defendant: Alexander G. Tsavliris and Sons Maritime Company
Jurisdiction
England and Wales
Judgment Date
09 March 2006
Procedural Posture
Commercial Court Proceedings (recognition of Foreign Judgment) / Application for Recognition of Greek Judgment Under Article 33 of Council Regulation (ec) No. 44/2001
Outcome
Application for recognition of the Greek judgment refused.
Legal Topics
Recognition and Enforcement of Foreign Judgments, Res Judicata / Issue Estoppel, Jurisdictional Disputes, Service of Process, Default Judgments, Mutual Trust in EU Judicial Cooperation
Private International Law Civil Procedure Commercial Law Recognition and Enforcement of Foreign Judgments Res Judicata / Issue Estoppel Jurisdictional Disputes Service of Process Default Judgments +1 more

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Parties

Peter Tavoulareas

Claimant

George Tsavliris

Defendant

Andrew Tsavliris

Defendant

A. G. Tsavliris and Sons Maritime Company

Defendant

Tsavliris Salvage International Ltd

Defendant

Alexander G. Tsavliris and Sons Maritime Company

Defendant

Procedural Posture

Commercial Court Proceedings (recognition of Foreign Judgment) / Application for Recognition of Greek Judgment Under Article 33 of Council Regulation (ec) No. 44/2001

Legal Issues

  1. 1 Whether the Greek court judgment should be recognised in England under Article 33 of Council Regulation (EC) No. 44/2001
  2. 2 Whether any grounds for non-recognition under Article 34 are established, particularly lack of proper service and opportunity to defend (Article 34.2)
  3. 3 Whether the Greek judgment is manifestly contrary to public policy (Article 34.1)

Ratio Decidendi

Recognition of the Greek judgment is refused under Article 34.2 of Council Regulation (EC) No. 44/2001 because the judgment was given in default of appearance, the defendant (Tavoulareas) was not properly served in sufficient time and manner to arrange for his defence, and he has now commenced proceedings to challenge the judgment in Greece. The requirements for non-recognition are satisfied and the application for recognition is dismissed.

Court Disposition

Application for recognition of the Greek judgment refused.

Orders

  • Recognition of the Greek judgment in both actions is refused under Article 34.2 of Council Regulation (EC) No. 44/2001.
  • Proceedings in the English court may continue.