Time limits and default judgments in European cross-border civil litigation: minimum standards?

  • Giovanni Chiapponi University of Luxembourg
Keywords: time limits, default judgments, recognition and enforcement of judgments in civil and commercial matters, application for relief, standardisation

Abstract

The article focuses on the impact of time limits on the free circulation of judgments rendered in absentia in civil and commercial matters within the EU. Starting from the Lebek judgment, I will examine the following issues: first, if an application for relief from the involuntary expiry of time limits may justify the denial of recognition and enforcement of judgments under the regime of the Brus­sels I bis Regulation; second, if the defendant applying for relief may choose between the time limit laid down in the service Regulation or that provided for in national law. Finally, I will address the question of the possible standardisation of the deadline for the first reaction on the part of the defendant.

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PDF : 459
Published
2020-10-08
How to Cite
Chiapponi, G. (2020). Time limits and default judgments in European cross-border civil litigation: minimum standards?. CUADERNOS DE DERECHO TRANSNACIONAL, 12(2), 971-978. https://doi.org/10.20318/cdt.2020.5744
Section
Varia