Absence during civil proceedings as a reason for refusal of recognition or enforcement of a judgement under the regulation of European Parliament and Council regulation no. 1215/12

Abstract

The paper examines situations in which a person – either party or a third party – that was absent during civil proceedings may claim refusal of recognition or enforcement of the judgement. The analysis focuses on interpretation of regulation no. 1215/15 in respect of default judgements, proceedings in which party’s absence was a result of decision of a court, decisions regarding provisional measures and the judgements that are enforced against the people who are not mentioned in the legal title. The paper scrutinise the general rules on the subject matter that steams from the CJEU jurisprudence and invokes assessment of those mechanisms in the light of article 6 ECHR provided by ECHR.