An ordinary case for the recognition of a German order appointing a legal guardian became a sheer nightmare for the applicant. It took her twelve years in total, three decisions in Germany and another six in Greece, for finally being recognized as an appointed legal guardian of her husband…
The case is primarily interesting for German colleagues, given that it concerns the 1961 bilateral treaty on the recognition and enforcement of judgments between the two states; however, it serves as a general pattern for the selection of the proper applicable law in similar cases, irrespective of the nationality of the foreign judgment. More here.
Pourvoi c/ Cour d'Appel de Paris, pôle 4, chambre 10, 1er avril 2019
Pourvoi c/ Cour d'appel de Rennes, 1re chambre, 13 novembre 2018
Posted for the Permanent Bureau of the Hague Conference on Private International Law:
Today, the HCCH finalised the text for a new multilateral treaty: the 2019 HCCH Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters.
The 2019 HCCH Judgments Convention will be a single global framework, enabling the free circulation of judgments in civil or commercial matters across borders. It will be essential to reducing the transactional and litigation costs in cross-border dealings and to promoting international access to justice. It will provide a legal regime that further increases certainty and predictability in cross-border dealings, promotes the better management of transaction and litigation risks, and which shortens timeframes for the recognition and enforcement of a judgement in other jurisdictions.
The 2019 HCCH Judgments Convention will provide better, more effective, and cheaper justice for individuals and businesses alike – a gamechanger in international dispute resolution.
The Final Act will be signed during a ceremony which will take place tomorrow, 2 July 2019, in the Great Hall of Justice in the Peace Palace.
Follow the HCCH on this journey with #2019HCCHDS and #2019HCCHJudgments
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