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European Observer on fundamental right's respect

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Case Law C-283/05 (14/12/2006)

Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 12/14/2006

Subject: The Court rules that article 34 of Council Regulation No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, is to be interpreted as meaning that in case of default judgment the right of defence is respected only if the defendant defendant has knowledge of the judgment's contents. Therefore, it must be served in such a way so as to allow him sufficient time to arrange for his defence before the courts of the State in which the judgment was given.

Parties: ASML Netherlands BV c. SEMIS

Classification: Art. 48 Rights of defence

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Notices: Nessuna segnalazione