Horst Ludwig Martin Hoffmann v Adelheid Krieg
A foreign judgment recognized under Article 26 must, in principle, have the same effects in the State where enforcement is sought as in the State where it was given. A foreign judgment whose enforcement was ordered under Article 31, and that remains enforceable in the State where it was given, must stop being enforced in the State where enforcement is sought when, under the law of that State, it ceases to be enforceable for reasons outside the scope of the Convention. A foreign judgment ordering a person to make maintenance payments to a spouse by virtue of conjugal support obligations is irreconcilable, within the meaning of Article 27(3), with a national judgment pronouncing the spouses' divorce. A party who did not appeal the enforcement order referred to in Article 36 cannot, at the execution stage, rely on a valid ground that could have been raised in that appeal. The courts of the State where enforcement is sought must apply that rule of their own motion. That rule does not apply when it would require the national court to make the effects of a national judgment outside the scope of the Convention conditional on its recognition in the State where the foreign judgment at issue was given.