According to the Lugano Convention, recognition of a ruling of a foreign court means extension of the effectiveness it enjoys in the state of origin to the state of recognition. The recognized ruling should essentially exert the same effects in the state of recognition as those it enjoys in the state of origin of the ruling. The recognized ruling may thus exert certain effects in the state of recognition only when it exerts them in the state of origin. The scope of the effects of a recognized ruling should thus be assessed according to the law of the state of origin, not the law of the state of recognition.
Data wydania: 19-05-2005 | Case no.: V CK 783/04Key issues: general works