Exemplos de uso de Declaration of enforceability em Inglês e suas traduções para o Português
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Application for a declaration of enforceability.
The Council noted that there should be automatic recognition and no need for a declaration of enforceability.
The decision on the application for a declaration of enforceability may be appealed against by either party.
The declaration of enforceability or registration may be refused only for one of the reasons set out in Article 23, paragraph 2.
Article 31 of the Regulation relates to the declaration of enforceability.
An appeal against a declaration of enforceability must be lodged within one month of service thereof.
Section 2 of Chapter III is entitled‘Application for a declaration of enforceability.
In that event, its order will not require a declaration of enforceability in accordance with the procedure in Chap-ter III, Section 2.
Redress procedures should also be available to the claimant where his application for a declaration of enforceability has been rejected.
A party applying for a declaration of enforceability shall also produce the certificate referred to in Article 54, without prejudice to Article 55.
A party seeking orcontesting recognition or applying for a declaration of enforceability shall produce.
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.
If the parent to whom the exercise of that responsibility is not awarded is recalcitrant, a declaration of enforceability will be needed.
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.
An attachment order issued in one Member State would be recognised andenforceable throughout the European Union without the need for a declaration of enforceability.
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.
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.
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.
However, respect for the rights of the defence means that the defendant should be able to appeal in an adversarial procedure, against the declaration of enforceability, if he considers one of the grounds for non-enforcement to be present.
During the time specified for an appeal pursuant to Article 43(5) against the declaration of enforceability and until any such appeal has been determined, no measures of enforcement may be taken other than protective measures against the property of the party against whom enforcement is sought.
A settlement which has been certified as a European Enforcement Order in the Member State of origin shall be enforced in the other Member States without the need for a declaration of enforceability and without any possibility of opposing its enforceability. .
During the period between the issue of an order in one Member State and of a declaration of enforceability of the order in the Member State where the account of the debtor is located.
Given the need to act swiftly and the purely protective nature of the instrument,it is suggested that an attachment should take effect directly throughout the European Union without any intermediary procedure(like a declaration of enforceability) in the Member State requested being required.
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.
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.
Where a foreign judgment has been given in respect of several matters and the declaration of enforceability cannot be given for all of them, the court or competent authority shall give it for one or more of them.
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.
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. It shall give its decision without delay.
In particular, any enforceable judgement on rights of access that have been certified by a judge shall be automatically recognised andenforceable in any Member State without the need for a declaration of enforceability and without any possibility of opposing its recognition.
The court with which an appeal is lodged under Article 43 orArticle 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.