Debarment from Defending, Default Judgments and Public Policy in Europe

12 Pages Posted: 1 Dec 2009 Last revised: 8 Dec 2009

See all articles by Gilles Cuniberti

Gilles Cuniberti

University of Luxembourg; Universite du Luxembourg - Faculty of Law, Economics and Finance

Date Written: November 30, 2009

Abstract

This is a case note on the Gambazzi decision of the European Court of Justice.

Marco Gambazzi was excluded from English proceedings for non complying with interim measures. As a consequence, he was ordered to pay hundreds of millions of Euros without trial. This note discusses the two issues addressed by the Advocate General and the Court. The first is whether such "default" English judgments are to be characterized as such in the meaning of the European law of judgments and thus benefit from the Brussels Convention (as it was then). The second is whether such judgments are contrary to public policy for being the consequence of a debarment from defending and an exclusion of proceedings.

Keywords: Foreign judgments, Public policy, Human rights, Brussels I Regulation

Suggested Citation

Cuniberti, Gilles, Debarment from Defending, Default Judgments and Public Policy in Europe (November 30, 2009). IPRAX 2010 - 2; University of Luxembourg Law Working Paper No. 2009-9. Available at SSRN: https://ssrn.com/abstract=1515363

Gilles Cuniberti (Contact Author)

University of Luxembourg ( email )

Faculté de Droit
4, rue Alphonse Weicker
Luxembourg, 2721
Luxembourg

Universite du Luxembourg - Faculty of Law, Economics and Finance ( email )

4 rue Alphonse Weicker
Luxembourg, L-2721
Luxembourg

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