Europa Convention on Jurisdiction And The Enforcement Of Judgments – A foreign judgment which has been recognized by virtue of article 26 of the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters must in principle have the same effects in the state in which enforcement is sought as it does in the state in which judgment was given.
A foreign judgment whose enforcement has been ordered in a contracting state pursuant to article 31 of the convention and which remains enforceable in the state in which it was given must not continue to be enforced in the state where enforcement is sought when, under the law of the latter state, it ceases to be enforceable for reasons which lie outside the scope of the convention. The convention does not preclude the court of the state in which enforcement is sought from drawing the necessary inferences from a national decree of divorce when considering the enforcement of the foreign order made in regard to maintenance obligations between spouses.
A foreign judgment ordering a person to make maintenance payments to his spouse by virtue of his conjugal obligations to support her is irreconcilable within the meaning of article 27(3) of the convention with a national judgment pronouncing the divorce of the spouses.
Europa
Article 36 of the Convention must be interpreted as meaning that a party who has not appealed against the enforcement order referred to in that provision is thereafter precluded, at the stage of the execution of the judgment, from relying on a valid ground which he could have pleaded in such an appeal, and that that rule must be applied of their own motion by the courts of the state in which enforcement is sought. However, that rule does not apply when it has the result of obliging the national court to make the effects of a national judgment which lies outside the scope of the convention conditional on its recognition in the state in which the foreign judgment whose enforcement is at issue was given.
Citations:
R-145/86, [1988] EUECJ R-145/86
Links:
European, Jurisdiction
Updated: 21 June 2022; Ref: scu.215559
