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1.
Characteristics of Austrian remedies against enforcement and a general analysis of their suitability for achieving the objectives of Brussels I recast
Bettina Nunner-Krautgasser, 2015, original scientific article

Abstract: Regulation No 1215/2012 (Brussels Ia or Brussels I Recast) was another big step forward towards the establishment of a genuine European judicial area. In the wake of the Brussels I Recast, two facts have rather soon become apparent: One, several well- known (or better: infamous) issues are sadly still unsolved. And two, some other issues have emerged. Because of the abolishment of the “exequatur procedure”, esp. the issue of remedies against enforcement, in both the Member State of origin as well as in the Member State of enforcement, has gained more importance again. Therefore this paper analysis the characteristics of Austrian remedies in enforcement and their suitability for achieving the objects of Brussels I Recast.
Keywords: Brussels I Recast, remedies in enforcement, cross- border enforcement, abolition of “exequatur”, Art. 46 Brussels I a Recast, grounds for refusal of the enforcement, implementation in the national system of remedies in enforcement
Published: 02.08.2018; Views: 366; Downloads: 31
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2.
General principles in European small claims procedure
Bettina Nunner-Krautgasser, Philipp Anzenberger, 2012, original scientific article

Abstract: The European Small Claims Regulation has been offering an alternative proceeding for small claims litigation in cross-border cases for almost four years now. Along with several important procedural simplifications, however, came considerable restrictions regarding the principles of public and oral proceedings established in the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. Critics claim especially that the court’s power to omit any oral hearing in a Small Claims Procedure cannot fulfill the requirements of the Convention and the Charter. This question is going to be further investigated in the course of this paper. Before doing so, however, a rough overview of the scope, of some general principals and of the conduct of the European Small Claims Procedure shall be provided.
Keywords: European Small Claims Procedure, procedural simplifications, written procedure, principle of public proceedings, principle of oral proceedings, compliance
Published: 01.08.2018; Views: 383; Downloads: 20
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