Sentences with phrase «irreconcilable judgments»

Although the last word on Article 6 needs to be said by the national court who alone is the judge of the risk of irreconcilable judgments, clearly in the AG's mind there is a strong likelihood of such risk in the event of follow - up damages in the case of a cartel which has been found to be illegal by the European Commission and where all members to it have acted within one and the same intent (again, as established by the EC).

However in the specific circumstances of a case, Roche may be distinguished: whether there is a risk of irreconcilable judgments if those claims were determined separately, is for the national court to determine.

If a dispute involves a number of defendants based in different European Union member states, the English Court will have jurisdiction to determine the matter against all defendants if (a) one defendant is domiciled in England and (b) the claims against the various defendants are so closely connected that it is expedient to hear them together to avoid the risk of irreconcilable judgments.

There was also a risk of irreconcilable judgments between the English and Israeli court if the proceedings continued here before the administration was complete and ownership of the shares determined there.

The Court instructs the national court to take into account the fact that if co-defendants in the main proceedings are each separately accused of committing the same infringements with respect to the same products, and if such infringements were committed in the same Member States in such a manner that they adversely affect the same national parts of the European patent at issue, the claims are connected and there is a risk of irreconcilable judgments (Solvay, par.

Not exact matches

In a quick judgment that is one of the hallmarks of the law's new arbitration system, arbitrator David Gregory on Dec. 8 found on behalf of Williams, agreeing that the evaluations by his principal were contradictory and «egregiously irreconcilable.»

In order for judgments to be regarded as at risk of being irreconcilable within the meaning of Article 6 (1) of Brussels I, it is not sufficient that there be a divergence in the outcome of the dispute, but that divergence must also arise in «the same situation of fact and law».

Art 45.1 (c) of the Brussels I (recast) provides that the recognition of a judgment shall be refused if it is irreconcilable with a previous judgment given in a dispute between the parties the enforcing court.

However, if the foreign court's judgment conflicts with an existing English law or if the foreign judgment is irreconcilable with an English judgment on the same issues, then the court may refuse to recognise the foreign judgment on grounds that its recognition and enforcement would be contrary to public policy.

if it is irreconcilable with a judgment given in proceedings between the same parties in the Member State in which recognition is sought; or

if it is irreconcilable with a later judgment relating to parental responsibility given in another Member State or in the non-Member State of the habitual residence of the child provided that the later judgment fulfils the conditions necessary for its recognition in the Member State in which recognition is sought.

if it is irreconcilable with an earlier judgment given in another Member State or in a non-Member State between the same parties, provided that the earlier judgment fulfils the conditions necessary for its recognition in the Member State in which recognition is sought.

if it is irreconcilable with a later judgment relating to parental responsibility given in the Member State in which recognition is sought;

(d) if it is irreconcilable with an earlier judgment given in another Member State or in a non-Member State between the same parties, provided that the earlier judgment fulfils the conditions necessary for its recognition in the Member State in which recognition is sought.

In particular, a judgment which has been certified according to Article 41 (1) or Article 42 (1) can not be enforced if it is irreconcilable with a subsequent enforceable judgment.