Case Law

Question 1

Sonntag

Answer 1

parents of a secondary school student sought the enforcement in Germany of the civil law provisions of a judgement given by an Italian criminal court

Question 2

Aertssen

Answer 2

Aaertssen alleged fraud in VSB’s dealings with the company
- filed complaint with the investigating magistrate: launches a criminal investigation to which civil proceeding are attached.

Lis alibis pendens

Question 3

Eurocontrol

Answer 3

Eurocontrol sought enforcement in Germany of an order by the Belgian courts that LTU pay it a sum by way of charges imposed by Eurocontrol for the use of its equipment and services.

• provisions of title III of the Convention: recognition and enforcement
• where the public authority acts in the exercise of its powers

Question 4

Gemeente Steenbergen

Answer 4

• where the public authority is acting in the exercise of its public powers

Question 5

Fahnenbrock

Answer 5

Qualification of an action by (German) holders of Greek bonds, against the Greek state, for the involuntary shave they took on these bonds.

• direct and immediate effect

Question 6

Kuhn

Answer 6

Kuhn purchased Greek sovereign bonds through an Austrian bank. Because of a forced exchange/haircut carried out by Greece, the bonds were replaced with new bonds with a lower nominal value. Mr. Kuhn sued to have the initial borrowing terms enforced.

” origin of the dispute in the main proceeding : manifests of public authority and results from the acts of the Greek State in the exercise of that public authority. Brussels Ia therefore was not engaged.

Question 7

Ordre des avocats du barreau de Dinant

Answer 7

part of the claim may be subject to Brx Ia and the other not