Krombach (Judgments Convention/Enforcement of judgments) [2000] EUECJ C-7/98 (28 March 2000)

Krombach (Judgments Convention/Enforcement of judgments) [2000] EUECJ C-7/98 (28 March 2000)

The court of the State in which enforcement is sought cannot refuse recognition/enforcement of a judgment solely because the court of origin based its jurisdiction on the victim's nationality. However, the court of the State in which enforcement is sought may refuse recognition/enforcement under the public policy exception if the defendant was denied the right to have his defence presented by counsel solely because he did not appear in person, as this constitutes a manifest breach of the right to a fair trial.

Citation
[2000] EUECJ C-7/98
Parties
Applicant: Mr Bamberski; Respondent: Mr Krombach
Jurisdiction
European Union
Judgment Date
28 March 2000
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Preliminary Reference From Bundesgerichtshof (germany) to the Court of Justice of the European Communities
Outcome
Partial clarification of the scope of the public policy exception under Article 27(1) of the Brussels Convention; preliminary ruling issued.
Legal Topics
Recognition and Enforcement of Foreign Judgments, Public Policy Exception, Jurisdiction Based on Nationality, Right to Fair Trial, Defence Rights in Absentia
European Union Law Private International Law Civil Procedure Recognition and Enforcement of Foreign Judgments Public Policy Exception Jurisdiction Based on Nationality Right to Fair Trial Defence Rights in Absentia

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Parties

Mr Bamberski

Applicant

Mr Krombach

Respondent

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Preliminary Reference From Bundesgerichtshof (germany) to the Court of Justice of the European Communities

Legal Issues

  1. 1 Whether the public policy exception in Article 27(1) of the Brussels Convention allows refusal of recognition/enforcement based on (a) jurisdiction founded on victim's nationality, (b) refusal to allow defence unless defendant appears in person, (c) both grounds combined.

Ratio Decidendi

The court of the State in which enforcement is sought cannot refuse recognition/enforcement of a judgment solely because the court of origin based its jurisdiction on the victim's nationality. However, the court of the State in which enforcement is sought may refuse recognition/enforcement under the public policy exception if the defendant was denied the right to have his defence presented by counsel solely because he did not appear in person, as this constitutes a manifest breach of the right to a fair trial.

Court Disposition

Partial clarification of the scope of the public policy exception under Article 27(1) of the Brussels Convention; preliminary ruling issued.

Orders

  • The court of the State in which enforcement is sought cannot invoke public policy to refuse recognition/enforcement solely because jurisdiction was based on the victim's nationality.
  • The court of the State in which enforcement is sought can invoke public policy to refuse recognition/enforcement if the defendant was denied the right to be defended by counsel solely due to non-appearance.