Brussels Convention

Article 30

Untitled

A court of a Contracting State in which recognition is sought of a judgment given in another Contracting State may stay the proceedings if an ordinary appeal against the judgment has been lodged.

Section 2

Enforcement

Holdings

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C-43/7722 Nov 1977

Industrial Diamond Supplies v Luigi Riva

For Articles 30 and 38, "ordinary appeal" is defined only within the Convention's own system, not by the law of the State where the judgment was given or the law of the State where recognition or enforcement is sought. For Articles 30 and 38, an appeal is an "ordinary appeal" if it may lead to annulment or amendment of the judgment at issue in the recognition or enforcement proceedings and, in the State where that judgment was given, it must be lodged within a legal time limit that starts to run by virtue of that judgment.