Transfrontier Litigation in the EU|Enforcement of Judgments

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http://BusinessAndLegal.ie Service of legal documents and enforcement of EU judgments across jurisdictions,transfrontier litigation,serving of summonses and Brussels Regulation and Lugano Convention rules concerning jurisdiction and issuing of legal proceedings

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Enforcement of judgements obtained in one EU country in another EU country is governed by the Brussels I regulation which superseded the Brussels Convention and the Lugano Convention.:

Enforcement of judgements obtained in one EU country in another EU country is governed by the Brussels I regulation which superseded the Brussels Convention and the Lugano Convention.

Lugano convention :

Lugano convention The Lugano Convention covers issues of jurisdiction where one of the countries is an EFTA (European Free Trade Association) country of which there are 3-Iceland, Switzerland and Norway.

Brussels I regulation:

Brussels I regulation Brussels I regulation governs issues of jurisdiction and enforcement of judgments between countries who signed up to Brussels I. This therefore covers most EU countries. The purpose of Brussels I was to provide uniformity as to the proper forum and jurisdiction in matters of transnational litigation

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http://BusinessAndLegal.ie The general rule arising from Brussels I is set out in Article 2 of the regulation which states simply that persons shall be sued in the member state in which they are domiciled. For a business this would be where the company has it’s principal place of business.

However there are a number of exceptions to the above general rule.:

However there are a number of exceptions to the above general rule. In these exceptions to the general rule a Plaintiff may have a choice of jurisdiction in which to bring his legal proceedings

Terry Gorry & Co. Solicitors:

Terry Gorry & Co. Solicitors 1. Contract- a person may be sued in the jurisdiction where the contract was to be performed.

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http://BusinessAndLegal.ie 2. Insurance-there are special rules in relation to insurance contracts which are set out in section 3 of the regulation

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3. Tort-a person can be sued in the state where the harmful even took place as well as his place of domicile

4. Connected proceedings:

4. Connected proceedings Check out http://BusinessAndLegal.ie for more information

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http://BusinessAndLegal.ie 5. Consumer contracts-the Plaintiff can bring proceedings in his own state or in the state of the Defendant

Terry Gorry & Co. Solicitors:

Terry Gorry & Co. Solicitors 6. Some contracts of employment

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http://BusinessAndLegal.ie 7. Property related proceedings

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http://BusinessAndLegal.ie Article 22 stipulates that the proceedings be brought in the state in which the property is located.

Terry Gorry & Co. Solicitors:

Terry Gorry & Co. Solicitors Article 23 allows the parties to agree on which state will have jurisdiction-this is called Prorogation of Jurisdiction and this agreement should be in writing.

Terry Gorry & Co. Solicitors:

Terry Gorry & Co. Solicitors Learn more about transnational litigation Enforcement of EU Judgements Enforcement of non EU Judgements Service of process under the Hague Convention Service of process under Brussels I Regulation and Lugano Convention http://BusinessAndLegal.ie

http://BusinessAndLegal.ie:

http://BusinessAndLegal.ie Tel: 335316103687 Email:terry@businessandlegal.ie Website: http://BusinessAndLegal.ie