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EU Principles on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters: According to the Case Law of the European Court of Justice

Overview

The European rules on jurisdiction and recognition and enforcement of judgments in civil and commercial matters, laid down in EU Regulation (44/2001), are of great practical importance. Preliminary considerations to the Regulation imply that decisions in which the ECJ has interpreted the Brussels Convention remain relevant for the interpretation of the Regulation. Therefore, to have a thorough understanding of the Regulation, an in-depth knowledge of the EC Court's case law regarding the Brussels Convention is ...

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Overview

The European rules on jurisdiction and recognition and enforcement of judgments in civil and commercial matters, laid down in EU Regulation (44/2001), are of great practical importance. Preliminary considerations to the Regulation imply that decisions in which the ECJ has interpreted the Brussels Convention remain relevant for the interpretation of the Regulation. Therefore, to have a thorough understanding of the Regulation, an in-depth knowledge of the EC Court's case law regarding the Brussels Convention is imperative. It appears that the significance of the Court's case law lies in both the final outcome of its decisions, and in the principles that it consistently refers to in arriving at these decisions. The authors piece together the system of principles that has become apparent in the Court's reasoning. An understanding of this system enables lawyers to understand the confines within which the Court's argumentation is likely to take place in future cases.

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Product Details

  • ISBN-13: 9789067041737
  • Publisher: T.M.C. Asser Press
  • Publication date: 8/12/2004
  • Edition description: 1st Edition.
  • Edition number: 1
  • Pages: 278
  • Product dimensions: 6.72 (w) x 9.68 (h) x 0.77 (d)

Meet the Author

Professor of Private International Law, University of Amsterdam

Lecturer in Private International Law, University of Amsterdam

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Table of Contents

The Method of Interpretation Used by The Court of Justice: The Model of Principles.- A Bird’s-Eye View Of The System Of Principles.- The First Main Principle: Free Movement of Judgments.- The Second Main Principle: The Protection of The Rights of The Defence.- The Third Main Principle: Legal Certainty.- The Fourth Main Principle: Disputes Should be Decided by an Appropriate Court.

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