Communication: judgment No. 0568 of 2020

IDENTIFIER
62020CA0568
LANGUAGE
English
COURT
Court of Justice of the European Union
AG OPINION
NO
REFERENCES MADE
2
REFERENCED
1
DOCUMENT TYPE
Communication: judgment

Judgment



30.5.2022   

EN

Official Journal of the European Union

C 213/13


Judgment of the Court (Third Chamber) of 7 April 2022 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — J v H Limited

(Case C-568/20) (1)

(Reference for a preliminary ruling - Judicial cooperation in civil matters - Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters - Regulation (EU) No 1215/2012 - Scope - Article 2(a) - Concept of ‘judgment’ - Order for payment made in another Member State after a summary contested examination of a judgment given in a third State - Article 39 - Enforceability in Member States)

(2022/C 213/15)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicant: J

Defendant: H Limited

Operative part of the judgment

Article 2(a) and Article 39 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that an order for payment made by a court of a Member State on the basis of final judgments delivered in a third State constitutes a judgment and is enforceable in the other Member States if it was made at the end of adversarial proceedings in the Member State of origin and was declared to be enforceable in that Member State. The fact that it is recognised as a judgment does not, however, deprive the party against whom enforcement is sought of the right to apply, pursuant to Article 46 of that regulation, for a refusal of enforcement on one of the grounds referred to in Article 45.


(1)  OJ C 28, 25.1.2021.



Citations

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