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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Help here, you're welcome! | 359 comments | Create New Account

Comments belong to whoever posts them. Please notify us of inappropriate comments.

Help here, you're welcome!

Authored by: Anonymous on Thursday, May 03 2012 @ 05:25 AM EDT

Here we go:

http://dejure.org/gesetze/ZPO/328.html

ZPO § 328 Abs. 1 Nr. 3 translated in a nutshell:

The recognition of a foreign court ruling is excluded if
this ruling (or 1 or 2 or 3) is incompatible (i.e.
contradicts) a prior legally valid ruling by a german court.

Art. 27 EuGVÜ basically says the same. Nevertheless this law
has been basically replaced by the EuGVVO 01.03.2002
(Convention on Jurisdiction and the Enforcement of Judgments
in Civil and Commercial Matters).

Art. 34 Nr 3. EuGVVO:
"A decision will not be recognized if it is irreconcilable
with a judgment given in a dispute between the same parties
in a Member State (member state of European Union, such as
but not limited to germany) in which recognition is sought."

IANAL and my wording shall not be used as official legal
translation! Just to be supersure...

[ Reply to This | Parent | # ]

Thaks for that it's most informative. - Authored by: Anonymous on Thursday, May 03 2012 @ 09:29 AM EDT

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