Brussels I Regulation

Article 35

Untitled

1\. Moreover, a judgment shall not be recognised if it conflicts with Sections 3, 4 or 6 of Chapter II, or in a case provided for in Article 72.

2\. In its examination of the grounds of jurisdiction referred to in the foregoing paragraph, the court or authority applied to shall be bound by the findings of fact on which the court of the Member State of origin based its jurisdiction.

3\. Subject to the paragraph 1, the jurisdiction of the court of the Member State of origin may not be reviewed. The test of public policy referred to in point 1 of Article 34 may not be applied to the rules relating to jurisdiction.

Holdings

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C-438/123 Apr 2014

Irmengard Weber v Mechthilde Weber

Before staying its proceedings under Article 27(1) of Regulation No 44/2001, the court second seised must examine whether, because the court first seised failed to take account of the exclusive jurisdiction laid down in Article 22(1), that court's decision would be recognised in the other Member States under Article 35(1) of the regulation.

C-139/1013 Oct 2011

Prism Investments BV v Jaap Anne van der Meer.

Article 45 precludes a court hearing an appeal under Article 43 or Article 44 from refusing or revoking a declaration of enforceability on any ground other than those set out in Articles 34 and 35, including compliance with the judgment in the Member State of origin.

C-420/0728 Apr 2009

Meletis Apostolides v David Charles Orams and Linda Elizabeth Orams.

A court of a Member State cannot refuse recognition or enforcement under Article 35(1) of Regulation No 44/2001 of a judgment given by the courts of another Member State merely because the judgment concerns land in an area of the latter State over which its government does not exercise effective control.