Примери за използване на The courts of another member state на Английски и техните преводи на Български
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The Courts of another Member State.
It is therefore clear that there can be no commonality with separation proceedings brought before the courts of another Member State.
Article 33 first establishes the principle that the judgments of the courts of another Member State are to be recognised without any special procedure being required.
It is only by way of derogation from that principle that that provision provides for an exhaustive list of cases in which the defendant may ormust be sued before the courts of another Member State.
Persons domiciled in a Member State may be sued in the courts of another Member State only by virtue of the rules set out in Sections 2 to 7 of this Chapter.
Where a Member State does not recognisethe marriage in question, that Member State's courts are given the discretion to confer jurisdiction on the courts of another Member State which does recognise the marriage.
Persons domiciled in a Member State may be sued in the courts of another Member State only by virtue of the rules set out in Sections 2 to 7 of this Chapter.
Application may be made to the courts of a Member State for such provisional, including protective, measures as may be available under the law of that State, even if, under this Regulation, the courts of another Member State have jurisdiction as to the substance of the matter.
Where the centre of the debtor's main interests is situated within the territory of a Member State, the courts of another Member State shall have jurisdiction to open insolvency proceedings against that debtor only if it possesses an establishment within the territory of that other Member State. .
In this connection, it is apparent from Article 31 of Regulation No 44/2001 that the court of a Member State is authorisedto rule on a claim for a provisional, including a protective, measure even if, under that regulation, the courts of another Member State have jurisdiction as to the substance of the matter.
Where a court of a Member State is seised of a claim which is principally concerned with a matter over which the courts of another Member State have exclusive jurisdiction by virtue of Article 24, it shall declare of its own motion that it has no jurisdiction.”.
Article 31 of Regulation No 44/2001 provides that application may be made to the courts of a Member State for such provisional, including protective,measures as may be available under the law of that State, even if, under that regulation, the courts of another Member State have jurisdiction as to the substance of the matter.
Article 25 of the Brussels Regulation states,"Where a court of a Member State is seised of a claim which is principally concerned with a matter over which the courts of another Member State have exclusive jurisdiction by virtue of Article 22, it shall declare of its own motion that it has no jurisdiction.".
Application may be made to the courts of a Member State for such provisional, including protective,measures as may be available under the law of that Member State, even if the courts of another Member State have jurisdiction as to the substance of the matter.
Does Article 35(1) of Regulation No 44/2001 entitle or bind a Member State court to refuse recognition andenforcement of a judgment given by the courts of another Member State concerning land in an area of the latter Member State over which the Government of that Member State does not exercise effective control?
It is only by way of derogation from that principle that that regulation provides for an exhaustive list of cases in which the defendant may ormust be sued before the courts of another Member State(see, to that effect, judgment of 25 January 2018, Schrems, C‑498/16, EU: C: 2018:37, paragraph 27).
Does Article 35(1) of Regulation No 44/2001 entitle or bind a Member State court to refuse recognition and enforcement of a judgment given by the courts of another Member State concerning land in an area of the latter Member State over which the Government of that Member State does not exercise effective control?
It is incompatible with Council Regulation(EC) No 44/2001… for a court of a Member State to make an order to restrain a person from commencing or continuing proceedings before the courts of another Member State on the ground that such proceedings would be contrary to an arbitration agreement.".
Article 35(1) of Regulation No 44/2001 does not authorise the court of a Member State to refuse recognition orenforcement of a judgment given by the courts of another Member State concerning land situated in an area of the latter State over which its Government does not exercise effective control.
Pursuant to Article 3 of Regulation No 44/2001, and notwithstanding the principle established by Article 2 of that Regulation,persons domiciled in a Member State may be sued in the courts of another Member State only by virtue of the rules set out in Articles 5 to 24 of the Regulation.
Under Article 27 of the Brussels Ia Regulation,‘[w]here a court of a Member State is seised of a claim which is principally concerned with a matter over which the courts of another Member State have exclusive jurisdiction by virtue of Article 24, it shall declare of its own motion that it has no jurisdiction'.
A different approach would favour so-called‘torpedo' actions which could first be initiated unfairly in a Member State, for the sole purpose of circumventing the nevertheless exclusive jurisdiction of the courts of another Member State, that is to say, the one in which the immovable property involved in the dispute is located.
By its question, the House of Lords asks, essentially,whether it is incompatible with Regulation No 44/2001 for a court of a Member State to make an order to restrain a person from commencing or continuing proceedings before the courts of another Member State on the ground that such proceedings would be contrary to an arbitration agreement, even though Article 1(2)(d)of the regulation excludes arbitration from the scope thereof.
However, in so far as the protection of the best interests of the child so requires, the national court which has taken provisional or protective measures must inform, directly orthrough the central authority designated under Article 53 of Regulation No 2201/2003, the court of another Member State having jurisdiction.
That provision provides that the courts of a Member State may, in urgent cases relating to those matters, take provisional orprotective measures in respect of persons or assets in that State even if, under Regulation No 2201/2003, the court of another Member State has jurisdiction as to the substance of the matter.
However, in so far as the protection of the best interests of the child so requires,the national court which has taken provisional or protective measures must inform, directly or through the central authority designated under Article 53 of Regulation No 2201/2003, the court of another Member State having jurisdiction.
To provide a remedy in a case of urgency, Article 20(1) of Regulation No 2201/2003 provides that the courts of a Member State may take provisional orprotective measures in respect of persons or assets in that State, even if the court of another Member State has jurisdiction as to the substance of the matter.
The court of another Member State with which the child has a particular connection.
An applicant who is domiciled or habitually resident in the Republic of Croatia andseeks legal aid in a cross-border dispute before the court of another Member State shall submit application to the office of his place of residence or domicile.
Requests are transmitted directly by the court whereproceedings have commenced(the'requesting court') to the court of another Member State taking evidence(the'requested court').