Service on the defendant whose domicile is unknown and the want of validity or enforceability of judgments under European International Private Law

Keywords: taking of evidence, checks concerning the address of a person on whom a legal decision is to be served, validity of a procedural document, Brussels I Bis Regulation, lex fori

Abstract

Granted multiple enforcement orders against debtors who turned out to be domiciled in other Member States, the first instance court of Sofia asks whether the performance of checks concer-ning the address in Bulgaria of persons to be served with a judicial document can be assimilated to the taking of evidence for the purposes of Regulation 1206/2001, and whether the infringement of article 5(1) of Brussels I Bis Regulation entails the nullity of the enforcement orders and the subsequent obli-gation to set them aside.

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Published
2022-03-04
How to Cite
Pérez Font, J. (2022). Service on the defendant whose domicile is unknown and the want of validity or enforceability of judgments under European International Private Law. CUADERNOS DE DERECHO TRANSNACIONAL, 14(1), 827-834. https://doi.org/10.20318/cdt.2022.6718
Section
Varia