Eksempler på brug af Declaration of enforceability på Engelsk og deres oversættelser til Dansk
{-}
-
Colloquial
-
Official
-
Medicine
-
Financial
-
Ecclesiastic
-
Official/political
-
Computer
Section 2 of Chapter III is entitled‘Application for a declaration of enforceability.
The court applied to[for a declaration of enforceability] shall give its decision without delay.
In addition, in the case of a judgment given in default,the party seeking recognition or applying for a declaration of enforceability shall produce.
The decision on the application for a declaration of enforceability may be appealed against by either party.
In addition, in the case of a judgment given in default,the party seeking recognition or applying for a declaration of enforceability shall produce.
An application for a declaration of enforceability shall be submitted to the court appearing in the list in Annex I.
A party seeking orcontesting recognition or applying for a declaration of enforceability shall produce.
A party applying for a declaration of enforceability shall also produce the certificate referred to in Article 54, without prejudice to Article 55.
To resolve the dilemma, we must in my view take account of the distinction between‘recognition' and‘declaration of enforceability' of a judgment.
In that event, its order will not require a declaration of enforceability in accordance with the procedure in Chap-ter III, Section 2.
The reason for that difference lies in the fact that, in such a situation,the applicant is the person against whom the application for a declaration of enforceability might have been brought.
Since Section 2 concerns applications for a declaration of enforceability, I infer that it deals with situations in which recognition and enforcement are both required.
That judgment was certified in accordance with Article 42 of the Regulation, which normally means that it must be‘recognised andenforceable' in Lithuania‘without the need for a declaration of enforceability and without any possibility of opposing its recognition.
An application for a declaration of enforceability shall be submitted to the court appearing in the list notified by each Member State to the Commission pursuant to Article 68.
The court with which an appeal is lodged under Article 43 orArticle 44 shall refuse or revoke a declaration of enforceability only on one of the grounds specified in Articles 34 and 35.
The declaration of enforceability shall be served on the party against whom enforcement is sought, accompanied by the judgment, if not already served on that party.
According to the first part, the adoption of a decision of recognition and the declaration of enforceability may be requested in accordance with the procedures provided for in Section 2 of Chapter III of the Regulation.
When a judgment must be recognised in accordance with this Regulation, nothing shall prevent the applicant from availing himself of provisional, including protective,measures in accordance with the law of the Member State requested without a declaration of enforceability under Article 41 being required.
If the appeal is brought by the applicant for a declaration of enforceability, the party against whom enforcement is sought shall be summoned to appear before the appellate court.
As regards the effects of certification, once the certificate has been issued, the judgment requiring the return of a child referred to in Article 40(1)(b)is to be recognised and enforceable in another Member State without the need for a declaration of enforceability and without any possibility of opposing its recognition.
In proceedings for the issue of a declaration of enforceability, no charge, duty or fee calculated by reference to the value of the matter at issue may be levied in the Member State in which enforcement is sought.
The rights of access referred to in Article 40(1)(a) granted in an enforceable judgment given in a Member State shall be recognised andenforceable in another Member State without the need for a declaration of enforceability and without any possibility of opposing its recognition if the judgment has been certified in the Member State of origin in accordance with paragraph 2.
The decision on the application for a declaration of enforceability shall forthwith be brought to the notice of the applicant in accordance with the procedure laid down by the law of the Member State in which enforcement is sought.
A document which has been formally drawn up or registered as an authentic instrument and is enforceable in one Member State shall, in another Member State, be declared enforceable there, on application made in accordance with the procedures provided for in Articles 38, et seq. The court with which an appealis lodged under Article 43 or Article 44 shall refuse or revoke a declaration of enforceability only if enforcement of the instrument is manifestly contrary to public policy in the Member State addressed.
The court with which an appealis lodged under Article 43 or Article 44 shall refuse or revoke a declaration of enforceability only if enforcement of the instrument is manifestly contrary to public policy in the Member State addressed.
The second element is of a systemic nature and rests on the fact that,contrary to the procedure laid down in Articles 33 to 35 of the Regulation in respect of the application for a declaration of enforceability, judgments issued in accordance with Section 4 of Chapter III thereof(rights of access and return of the child) may be declared enforceable by the court of origin irrespective of any possibility of appeal, whether in the Member State of origin or in that of enforcement.