e-Commerce and the Recognition and Enforcement of Judgements in the EU – Latest Developments

Dariusz Kloza

Abstract

On-line business increases the frequency of legal disputes. Due to the borderless nature of the Internet, both parties might originate from different jurisdictions. When a state court hears a trans-border case and renders its decision, questions regarding the recognition and enforcement of the judgement in other jurisdictions might arise, especially where the losing party has her assets. Among other concerns, this situation involves questions of predictability, efficiency and certainty of legal protection. For these reasons, private international law is highly relevant for e-commerce.    This paper has a simple aim: it outlines some recent (1999-2009) developments in the recognition and enforcement of judgements in the EU. The following instruments are discussed: the enforcement order for uncontested claims, the order for payment procedure and the small claims procedure. Having reviewed the Lisbon Treaty amendments, a few remarks on the Lugano II Convention and the proposed revision of the Brussels I Regulation are provided as well.

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