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1.
The cross-border enforcement of court settlements within Brussels Ia Regulation
Philipp Anzenberger, 2020, original scientific article

Abstract: Despite the enormous practical relevance of court settlements, the Brussels Ia Regulation contains only a few explicit provisions for the cross-border enforcement of this legal instrument. This can cause difficulties in borderline cases, for example when it is doubtful whether the legal act in question is to be classified as a settlement or a judgment or which specific European regulation is applicable to a settlement containing several different claims. This paper provides a general overview of the rules for the enforcement of court settlements under the Brussels Ia Regulation and examines some problems that may specifically arise in the case of cross-border enforcement of court settlements.
Keywords: court settlement, Brussels Ia Regulation, cross-border enforcement, recognition, scope, judgment, certificate, exequatur
Published: 15.01.2021; Views: 139; Downloads: 0

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: 400; Downloads: 21
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