Bernard Denilauler v SNC Couchet Freres. [1980] EUECJ R-125/79 (21 May 1980)

Bernard Denilauler v SNC Couchet Freres. [1980] EUECJ R-125/79 (21 May 1980)

Judicial decisions authorizing provisional or protective measures delivered without the party against whom they are directed having been summoned to appear and intended to be enforced without prior service do not fall within the system of recognition and enforcement provided for by Title III of the Convention of 27 September 1968.

Citation
[1980] EUECJ R-125/79
Parties
Defendant and Appellant: Bernard Denilauler; Plaintiff and Respondent: SNC Couchet Frères
Jurisdiction
European Union
Judgment Date
21 May 1980
Procedural Posture
Reference for Preliminary Ruling / Preliminary Ruling
Outcome
preliminary ruling issued
Legal Topics
Recognition and Enforcement of Judgments, Provisional and Protective Measures, Rights of the Defence
Civil Procedure International Private Law Recognition and Enforcement of Judgments Provisional and Protective Measures Rights of the Defence

Case Brief

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Parties

Bernard Denilauler

Defendant and Appellant

SNC Couchet Frères

Plaintiff and Respondent

Procedural Posture

Reference for Preliminary Ruling / Preliminary Ruling

Legal Issues

  1. 1 Whether judicial decisions authorizing provisional or protective measures delivered without the party against whom they are directed having been summoned to appear and intended to be enforced without prior service fall within the system of recognition and enforcement under Title III of the Convention of 27 September 1968

Ratio Decidendi

Judicial decisions authorizing provisional or protective measures delivered without the party against whom they are directed having been summoned to appear and intended to be enforced without prior service do not fall within the system of recognition and enforcement provided for by Title III of the Convention of 27 September 1968.

Court Disposition

preliminary ruling issued

Orders

  • Judicial decisions authorizing provisional or protective measures delivered without the party against whom they are directed having been summoned to appear and intended to be enforced without prior service do not come within the system of recognition and enforcement provided for by Title III of the Convention of 27...