The provisions of the convention on jurisdiction and the enforcement of judgments in civil and commercial matters of 27 September 1968 prevent a party who has obtained a judgment in his favour in a contracting state, being a judgment for which an order for enforcement under article 31 of the convention may issue in another contracting state, from making an application to a court in that other state for a judgment against the other party in the same terms as the judgment delivered in the first state. The fact that there may be occasions on which, according to the national law applicable, the procedure set out in articles 31 et seq. Of the convention may be found to be more expensive than bringing fresh proceedings on the substance of the case does not invalidate these considerations.
R-42/76, [1976] EUECJ R-42/76
Bailii
European
European
Updated: 29 December 2021; Ref: scu.214504
