Article 20

Geldend

Documentgegevens:

Geldend vanaf 11-06-1976

Redactionele toelichting: In de Franse tekst ontbreekt in lid 2, onderdeel a: of, in de gegeven omstandigheden, niet beide partijen voldoende gelegenheid hebben gehad hun standpunt behoorlijk uiteen te zetten.
Bronpublicatie:: 16-05-1972, Trb. 1973, 43 (uitgifte: 04-04-1973, kamerstukken/regelingnummer: -)
Inwerkingtreding: 11-06-1976
Bronpublicatie inwerkingtreding:: 19-03-1985, Trb. 1985, 38 (uitgifte: 01-01-1985, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal privaatrecht / Internationaal erkennings- en executierecht
Staatsrecht / Staatsinrichting
Internationaal publiekrecht / Fundamentele rechten van staten

1.

A Contracting State shall give effect to a judgment given against it by a court of another Contracting State:

(a): if, in accordance with the provisions of Articles 1 to 13, the State could not claim immunity from jurisdiction; and
(b): if the judgment cannot or can no longer be set aside if obtained by default, or if it is not or is no longer subject to appeal or any other form of ordinary review or to annulment.

2.

Nevertheless, a Contracting State is not obliged to give effect to such a judgment in any case:

(a)

where it would be manifestly contrary to public policy in that State to do so, or where, in the circumstances, either party had no adequate opportunity fairly to present his case;

(b)

where proceedings between the same parties, based on the same facts and having the same purpose:

(i): are pending before a court of that State and were the first to be instituted;
(ii): are pending before a court of another Contracting State, were the first to be instituted and may result in a judgment to which the State party to the proceedings must give effect under the terms of this Convention;

(c)

where the result of the judgment is inconsistent with the result of another judgment given between the same parties:

(i): by a court of the Contracting State, if the proceedings before that court were the first to be instituted or if the other judgment has been given before the judgment satisfied the conditions specified in paragraph 1 (b); or
(ii): by a court of another Contracting State where the other judgment is the first to satisfy the requirements laid down in the present Convention;

(d)

where the provisions of Article 16 have not been observed and the State has not entered an appearance or has not appealed against a judgment by default.

3.

In addition, in the cases provided for in Article 10, a Contracting State is not obliged to give effect to the judgment:

(a): if the courts of the State of the forum would not have been entitled to assume jurisdiction had they applied, mutatis mutandis, the rules of jurisdiction (other than those mentioned in the Annex to the present Convention) which operate in the State against which judgment is given, or
(b): if the court, by applying a law other than that which would have been applied in accordance with the rules of private international law of that State, has reached a result different from that which would have been reached by applying the law determined by those rules.

However, a Contracting State may not rely upon the grounds of refusal specified in sub-paragraphs (a) and (b) above if it is bound by an agreement with the State of the forum on the recognition and enforcement of judgments and the judgment fulfils the requirement of that agreement as regards jurisdiction and, where appropriate, the law applied.