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European Observer on fundamental right's respect

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Case Law C-394/07 (02/04/2009)

Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 04/02/2009

Subject: Interpreting article 27(1) of the Brussels Convention the Court of Justice affirmed that the court of the State in which enforcement is sought may take into account, with regard to the public policy clause referred to in that article, the fact that the court of the State of origin ruled on the applicant’s claims without hearing the defendant, who entered appearance before it but who was excluded from the proceedings by order on the ground that he had not complied with the obligations imposed by an order made earlier in the same proceedings, if, following a comprehensive assessment of the proceedings and in the light of all the circumstances, it appears to it that that exclusion measure constituted a manifest and disproportionate infringement of the defendant’s fundamental right to be heard.

Parties: Gambazzi

Classification: Justice - Art. 48 Rights of defence

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