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S.L. 460.19 · European Communities (Enforcement (S.L. 460.19)

S.L. 460.19 Art. 5Court decision on demand for registration.

In KraftAmtlicher Text

(1) In the case of a Community judgment, other than a money judgment, the Court shall not allow the demand for the registration of the judgment where the respondent proves to the satisfaction of the Court that:

(a) there is an irremediable lack of observance of the formalities or procedural requirements prescribed by article 4; or

(b) the respondent proves to the satisfaction of the Court that the European Court has stayed the execution of the Community judgment.

(2) In the case of a money judgment the Court shall not allow the demand for the registration of the judgment:

(a) in the same circumstances provided in sub-article (1)(a) and (b); and

(b) where the respondent proves that the pecuniary obligation has been satisfied: Provided that where the respondent proves that the pecuniary obligation has only been satisfied in part the Court shall allow the demand with respect to that part of the obligation which remains unsatisfied.

(3) In proceedings under this article the Court shall not enter into the merits of the Community judgment the registration of which is demanded.

(4) The Court of Appeal shall give its decision on the application in camera unless the court deems fit that a hearing should take place.