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CJEU rules on enforcement of judgments which are contrary to EU law (Diageo Brands v Simiranida)

CJEU rules on enforcement of judgments which are contrary to EU law (Diageo Brands v Simiranida)
Published on: 22 July 2015
Published by: LexisPSL
  • CJEU rules on enforcement of judgments which are contrary to EU law (Diageo Brands v Simiranida)
  • Practical implications
  • Court details

Article summary

Dispute Resolution analysis: the CJEU, in an intellectual property case, have reiterated the narrow construction of the public policy exception in Brussels I which can be used to refuse enforcement of a judgment handed down by the courts of another EU Member State. It was held that even if the foreign judgment was contrary to EU law this, of itself, did not justify another EU Member State’s court refusing to enforce it on the grounds of public policy. There would need to be a manifest breach of the rule of law regarded ‘as essential in the EU legal order‘ before a court could refuse to enforce a judgment under this exception. or take a trial to read the full analysis.

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