Tavoulareas v Tsavliris & Ors
The Greek judgment was not served on Mr Tavoulareas in accordance with the Service Regulation, and was given in default of appearance. Therefore, under Article 34(2) of the Judgments Regulation, the English court is not bound to recognise the Greek judgment.
- Parties
- Respondent: Tavoulareas; Appellants: Tsavliris & ors
- Jurisdiction
- England and Wales
- Judgment Date
- 20 December 2006
- Procedural Posture
- Civil Appeal / Appeal From High Court to Court of Appeal
- Outcome
- Appeal dismissed; Greek judgment not recognised
- Legal Topics
- Recognition of Foreign Judgments, Default Judgments, Service of Process, Jurisdiction Under Brussels Regulation
Case Brief
Summary, issues, holding and outcome
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Parties
Tavoulareas
Respondent
Tsavliris & ors
Appellants
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Legal Issues
- 1 Whether the Greek judgment should be recognised by the English courts under Article 33 of Council Regulation (EC) No 44/2001
- 2 Whether the defendant was properly served with the document instituting the Greek proceedings
- 3 Whether the judgment was given in default of appearance within the meaning of Article 34(2) of the Regulation
Ratio Decidendi
The Greek judgment was not served on Mr Tavoulareas in accordance with the Service Regulation, and was given in default of appearance. Therefore, under Article 34(2) of the Judgments Regulation, the English court is not bound to recognise the Greek judgment.
Court Disposition
Appeal dismissed; Greek judgment not recognised
Orders
- Application for recognition of the Greek judgment refused
- No permission to appeal the costs order
Full Case Text
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