Brussels Convention

Article 33

Untitled

The procedure for making the application shall be governed by the law of the State in which enforcement is sought.

The applicant must give an address for service of process within the area of jurisdiction of the court applied to. However, if the law of the State in which enforcement is sought does not provide for the furnishing of such an address, the applicant shall appoint a representative ad litem.

The documents referred to in Articles 46 and 47 shall be attached to the application.

Holdings

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C-198/8510 Jul 1986

Fernand Carron v Federal Republic of Germany

Under the second paragraph of Article 33, the address for service of process must be given in accordance with the law of the State where enforcement is sought. If that law is silent as to when that formality must be completed, it must be completed no later than the date on which the decision authorising enforcement is served. Under Article 33, the consequences of failing to provide an address for service are governed by the law of the State where enforcement is sought - provided that the aims of the Convention are respected.