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IV. Recognition of Judgments and Authentic Instruments under the Brussels Convention

Published online by Cambridge University Press:  17 January 2008

Extract

That question remains open following Case C–99/96 Mietz v. Intership Yachting Sneek BV16 a more recent decision that raises some similar issues but continues to confine its attention to interim payments. The applicant was appealing against a German order for enforcement of a Dutch judgment ordering interim payment in kort geding proceedings. The applicant argued that the underlying contract was covered by the special provisions on consumer contracts in Articles 13 et seq. of the Brussels Convention. Therefore failure to observe the rules of jurisdiction in Articles 13 et seq. was a ground for non-recognition of the Dutch judgment. The contract was for the sale of a luxury yacht, to be paid for in five instalments during its period of construction and trial. A written contract was signed in the Netherlands, but the applicant alleged for the first time in the German proceedings that the contract was negotiated at a boat show in Germany and an oral contract was made there.

Type
Current Developments: Private International Law
Copyright
Copyright © British Institute of International and Comparative Law 1999

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References

16. [1999] I.L.Pr. 541.Google Scholar

17. Although there are other mechanisms that are also of assistance in debt collection, such as the role played by Dutch gerechutsdeurwaader (enforcement agents).

18. Judgment of 17 June 1999.

19. Judgment of 29 April 1999.