Where related actions are pending in the courts of different Member States, any court other than the court first seised may stay its proceedings. Don't forget to give your feedback! 3. 1. the certificate issued pursuant to Article 53. In matters relating to insurance, jurisdiction shall be determined by this Section, without prejudice to Article 6 and point 5 of Article 7. L'art. 1. In particular, the conventions included in the list established by the Commission pursuant to point (c) of Article 76(1) and Article 76(2) shall be superseded. The Member States included in the list referred to in paragraph 1 shall, within the framework of the European Judicial Network in civil and commercial matters established by Council Decision 2001/470/EC (16) (‘the European Judicial Network’) provide information on how to determine, in accordance with their national law, the effects of the judgments referred to in the second sentence of paragraph 2. Contenuto trovato all'interno – Pagina 3241, Regolamento n.1215/2012/Ue del Parlamento Europeo e del Consiglio, del 12 dicembre 2012, concernente la competenza giurisdizionale, il riconoscimento e l'esecuzione delle decisioni in materia civile e commerciale. The court shall decide on the application for refusal of enforcement without delay. could have been so arrested, but bail or other security has been given; provided that this provision shall apply only if it is claimed that the defendant has an interest in the cargo or freight or had such an interest at the time of salvage. regolamento Bruxelles 1 bis, n. 1215/2012, sulla competenza giurisdizionale, il riconoscimento e le decisioni in materia civile e commerciale; regolamento Bruxelles 2 bis, n. 2201/2003, relativo alla competenza, al riconoscimento e all'esecuzione delle decisioni in materia matrimoniale e in materia di responsabilità genitoriale; Where the court designated in the agreement has established jurisdiction in accordance with the agreement, any court of another Member State shall decline jurisdiction in favour of that court. Such jurisdiction shall be exclusive unless the parties have agreed otherwise. An employer not domiciled in a Member State may be sued in a court of a Member State in accordance with point (b) of paragraph 1. The conventions referred to in Article 69 shall continue to have effect in relation to matters to which this Regulation does not apply. 1. I limiti della giurisdizione civile. Fu col contributo di Story, del Savigny e di Pasquale Stanislao Mancini che nel XX secolo, anche grazie all'effetto delle varie codificazioni giuridiche, si formò l'effettiva disciplina del diritto internazionale privato. For the purposes of this Section, a court shall be deemed to be seised: at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the claimant has not subsequently failed to take the steps he was required to take to have service effected on the defendant; or. Se una sentenza viene riconosciuta come esecutiva nel paese d’origine, sarà esecutiva negli altri paesi dell’UE, senza che sia necessaria alcuna dichiarazione di esecutività. A judgment given in a Member State which orders a payment by way of a penalty shall be enforceable in the Member State addressed only if the amount of the payment has been finally determined by the court of origin. (UE) n. 1215/2012. The same applies if movable and immovable property are covered by the same insurance policy and both are adversely affected by the same contingency. By Council Decision 2006/325/EC (7), the Community concluded an agreement with Denmark ensuring the application of the provisions of Regulation (EC) No 44/2001 in Denmark. which relates to a contract of insurance in so far as it covers one or more of the risks set out in Article 16. The Commission shall publish the lists and any subsequent amendments made to them in the Official Journal of the European Union. These features are still under development; they are not fully tested, and might reduce EUR-Lex stability. 1. {{main.getUserName()}} IL MIO DEJURE. The procedure for refusal of enforcement shall, in so far as it is not covered by this Regulation, be governed by the law of the Member State addressed. For the purposes of Ireland, Cyprus and the United Kingdom, ‘statutory seat’ means the registered office or, where there is no such office anywhere, the place of incorporation or, where there is no such place anywhere, the place under the law of which the formation took place. Per la dottrina della Chiesa, il matrimonio è una realtà naturale che costituisce la prima rivelazione dell'amore di Dio per il suo popolo. A judgment given in a Member State shall be recognised in the other Member States without any special procedure being required. Provisional, including protective, measures. Where a defendant domiciled in one Member State is sued in a court of another Member State and does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction unless its jurisdiction is derived from the provisions of this Regulation. 2. Gli artt. 1. This is to ensure that, in such a situation, the designated court has priority to decide on the validity of the agreement and on the extent to which the agreement applies to the dispute pending before it. Contenuto trovato all'interno1251 del 2012 e l'arbitrato: a storm in a tea cup, RIVISTATRIMESTRALEDIRITTOEPROCEDURACIVILE 193 (2014). ... 1215 of 2012. Carlo Rasia, Il nuovo regolamento, supra note 14, at 204; Francesco Salerno, Il coordinamento tra arbitrato e ... 1. 1215/2012. Under no circumstances may a judgment given in a Member State be reviewed as to its substance in the Member State addressed. 1. Ebbene, in materia di esecuzione di provvedimenti stranieri all’interno di un ordinamento diverso da quello di emanazione dei primi, vale il regolamento (Ue) 1215/2012, entrato in vigore nel gennaio 2015, avente ad oggetto la competenza giurisdizionale, il riconoscimento e l’esecuzione delle decisioni in materia civile e commerciale. An employer may bring proceedings only in the courts of the Member State in which the employee is domiciled. 3. The scope of this Regulation should cover all the main civil and commercial matters apart from certain well-defined matters, in particular maintenance obligations, which should be excluded from the scope of this Regulation following the adoption of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (9). 3. Certain differences between national rules governing jurisdiction and recognition of judgments hamper the sound operation of the internal market. For the purposes of this Regulation, a company or other legal person or association of natural or legal persons is domiciled at the place where it has its: 2. 1. In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application, without prejudice to the possibility for Denmark of applying the amendments to Regulation (EC) No 44/2001 pursuant to Article 3 of the Agreement of 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (13). 2. In addition, the aim of making cross-border litigation less time-consuming and costly justifies the abolition of the declaration of enforceability prior to enforcement in the Member State addressed. Le norme che individuano la legge applicabile sono definite "norme di conflitto": si tratta di disposizioni strumentali in quanto non finalizzate alla disciplina materiale del rapporto giuridico; in altri termini, le norme di diritto internazionale privato individuano la legge in base alla quale regolare rapporti che presentino elementi di estraneità rispetto all'ordinamento statale nel quale è sorta la questione. L’articolo 65, disponendo invece in merito ai “provvedimenti” stranieri, stabilisce che hanno effetto i provvedimenti stranieri relativi alla capacità delle persone, nonché’ all’esistenza di rapporti di famiglia o di diritti della personalità, quando essi sono stati pronunciati dalle autorità dello Stato la cui legge è richiamata dalle norme della Legge (italiana) 218/1995 o producono effetti nell’ordinamento di quello Stato, anche se pronunciati da autorità di altro Stato, purché’ non siano contrari all’ordine pubblico e siano stati rispettati i diritti essenziali della difesa. 1. This Regulation shall not affect the application of the 1958 New York Convention. Persons domiciled in a Member State may be sued in the courts of another Member State only by virtue of the rules set out in Sections 2 to 7 of this Chapter. Ogni ordinamento giuridico nazionale ha un proprio sistema di norme di diritto internazionale privato, a volte codificato, a volte di origine giurisprudenziale. The notion of provisional, including protective, measures should include, for example, protective orders aimed at obtaining information or preserving evidence as referred to in Articles 6 and 7 of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (11). In order to attain the objective of free circulation of judgments in civil and commercial matters, it is necessary and appropriate that the rules governing jurisdiction and the recognition and enforcement of judgments be governed by a legal instrument of the Union which is binding and directly applicable. Respect for international commitments entered into by the Member States means that this Regulation should not affect conventions relating to specific matters to which the Member States are parties. Nothing in this Regulation should prevent the courts of a Member State, when seised of an action in a matter in respect of which the parties have entered into an arbitration agreement, from referring the parties to arbitration, from staying or dismissing the proceedings, or from examining whether the arbitration agreement is null and void, inoperative or incapable of being performed, in accordance with their national law. Ha attivato le seguenti specializzazioni: Chimica, Elettrotecnica, Informatica e Meccatronica. The same need for continuity applies as regards the interpretation by the Court of Justice of the European Union of the 1968 Brussels Convention and of the Regulations replacing it. The court of origin shall, at the request of any interested party, issue the certificate using the form set out in Annex I. The court may dispense with the production of the documents referred to in the first subparagraph if it already possesses them or if it considers it unreasonable to require the applicant to provide them. Where enforcement is sought of a judgment given in another Member State, the certificate issued pursuant to Article 53 shall be served on the person against whom the enforcement is sought prior to the first enforcement measure. in the case of the provision of services, the place in a Member State where, under the contract, the services were provided or should have been provided; if point (b) does not apply then point (a) applies; in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur; as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings, to the extent that that court has jurisdiction under its own law to entertain civil proceedings; as regards a civil claim for the recovery, based on ownership, of a cultural object as defined in point 1 of Article 1 of Directive 93/7/EEC initiated by the person claiming the right to recover such an object, in the courts for the place where the cultural object is situated at the time when the court is seised; as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place where the branch, agency or other establishment is situated; as regards a dispute brought against a settlor, trustee or beneficiary of a trust created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the courts of the Member State in which the trust is domiciled; as regards a dispute concerning the payment of remuneration claimed in respect of the salvage of a cargo or freight, in the court under the authority of which the cargo or freight in question: has been arrested to secure such payment; or. if the employee does not or did not habitually carry out his work in any one country, in the courts for the place where the business which engaged the employee is or was situated. The following are the risks referred to in point 5 of Article 15: seagoing ships, installations situated offshore or on the high seas, or aircraft, arising from perils which relate to their use for commercial purposes; goods in transit other than passengers’ baggage where the transit consists of or includes carriage by such ships or aircraft; any liability, other than for bodily injury to passengers or loss of or damage to their baggage: arising out of the use or operation of ships, installations or aircraft as referred to in point 1(a) in so far as, in respect of the latter, the law of the Member State in which such aircraft are registered does not prohibit agreements on jurisdiction regarding insurance of such risks; for loss or damage caused by goods in transit as described in point 1(b); any financial loss connected with the use or operation of ships, installations or aircraft as referred to in point 1(a), in particular loss of freight or charter-hire; any risk or interest connected with any of those referred to in points 1 to 3; notwithstanding points 1 to 4, all ‘large risks’ as defined in Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (14). 2. 1. The court or authority before which a judgment given in another Member State is invoked may, where necessary, require the party invoking it to provide, in accordance with Article 57, a translation or a transliteration of the contents of the certificate referred to in point (b) of paragraph 1. 4. Ebbene, in materia di esecuzione di provvedimenti stranieri all’interno di un ordinamento diverso da quello di emanazione dei primi, vale il regolamento (Ue) 1215/2012, entrato in vigore nel gennaio 2015, avente ad oggetto la competenza giurisdizionale, il riconoscimento e l’esecuzione delle decisioni in materia civile e commerciale. If a judgment contains a measure or an order which is not known in the law of the Member State addressed, that measure or order shall, to the extent possible, be adapted to a measure or an order known in the law of that Member State which has equivalent effects attached to it and which pursues similar aims and interests. Il territorio di Mongiuffi Melia è stato da sempre legato alle tradizioni religiose e al culto dei Santi.Le Feste religiose vengono considerate dai Monfeliesi non solo come momenti di preghiera e devozione, ma anche come momenti di aggregazione e fraternità,… In order to ensure that the certificates to be used in connection with the recognition or enforcement of judgments, authentic instruments and court settlements under this Regulation are kept up-to-date, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of amendments to Annexes I and II to this Regulation. 1. For the purposes of this Regulation, ‘court’ includes the following authorities to the extent that they have jurisdiction in matters falling within the scope of this Regulation: in Hungary, in summary proceedings concerning orders to pay (fizetési meghagyásos eljárás), the notary (közjegyző); in Sweden, in summary proceedings concerning orders to pay (betalningsföreläggande) and assistance (handräckning), the Enforcement Authority (Kronofogdemyndigheten). On 21 April 2009, the Commission adopted a report on the application of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (3). In the latter case, the court may require the other party to provide those documents. Questa pagina è stata modificata per l'ultima volta il 1 lug 2020 alle 19:34. 3. The delegation of power referred to in Article 77 may be revoked at any time by the European Parliament or by the Council. For the gradual establishment of such an area, the Union is to adopt measures relating to judicial cooperation in civil matters having cross-border implications, particularly when necessary for the proper functioning of the internal market. Miotti Studio Legale Internazionale - Via Gregorio VII, 154 - 1. 2. the languages accepted for translations of the forms as referred to in Article 57(2). Examination as to jurisdiction and admissibility. 4. Nel caso di titoli di garanzia stranieri (cioè rilasciati da soggetti abilitati a norma di legge al rilascio di garanzie a favore di enti pubblici ed aventi sede legale all'estero), essi devono essere sempre redatti in forma di atto pubblico ai sensi dell'art. LibriVox is a hope, an experiment, and a question: can the net harness a bunch of volunteers to help bring books in the public domain to life through podcasting? This Regulation shall not affect agreements by which Member States, prior to the entry into force of Regulation (EC) No 44/2001, undertook pursuant to Article 59 of the 1968 Brussels Convention not to recognise judgments given, in particular in other Contracting States to that Convention, against defendants domiciled or habitually resident in a third State where, in cases provided for in Article 4 of that Convention, the judgment could only be founded on a ground of jurisdiction specified in the second paragraph of Article 3 of that Convention. The Commission shall make all information notified pursuant to paragraphs 1 and 3 publicly available through any other appropriate means, in particular through the European Judicial Network. However, in order to ensure the protection of consumers and employees, to safeguard the jurisdiction of the courts of the Member States in situations where they have exclusive jurisdiction and to respect the autonomy of the parties, certain rules of jurisdiction in this Regulation should apply regardless of the defendant’s domicile. Application may be made to the courts of a Member State for such provisional, including protective, measures as may be available under the law of that Member State, even if the courts of another Member State have jurisdiction as to the substance of the matter. In order to inform the person against whom enforcement is sought of the enforcement of a judgment given in another Member State, the certificate established under this Regulation, if necessary accompanied by the judgment, should be served on that person in reasonable time before the first enforcement measure. The applicant shall provide the court with a copy of the judgment and, where necessary, a translation or transliteration of it. Where a court of a Member State is seised of a claim which is principally concerned with a matter over which the courts of another Member State have exclusive jurisdiction by virtue of Article 24, it shall declare of its own motion that it has no jurisdiction. The authority responsible for service referred to in point (b) shall be the first authority receiving the documents to be served. Comunicazioni inizio A.S. 2021/2022 Orario dal 08 novembre 2021 Chiusura Varco V7 Protocollo di sicurezza anti-contagio da Covid-19 per lo svolgimento The provisions of this Section may be departed from only by an agreement: which is entered into after the dispute has arisen; which allows the policyholder, the insured or a beneficiary to bring proceedings in courts other than those indicated in this Section; which is concluded between a policyholder and an insurer, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Member State, and which has the effect of conferring jurisdiction on the courts of that Member State even if the harmful event were to occur abroad, provided that such an agreement is not contrary to the law of that Member State; which is concluded with a policyholder who is not domiciled in a Member State, except in so far as the insurance is compulsory or relates to immovable property in a Member State; or. The jurisdiction specified in point 2 of Article 8 and Article 13 in actions on a warranty or guarantee or in any other third-party proceedings may be resorted to in the Member States included in the list established by the Commission pursuant to point (b) of Article 76(1) and Article 76(2) only in so far as permitted under national law. Contenuto trovato all'interno – Pagina 5071215/2012 che, sostituendosi al regolamento 44/2001 (ed essendo, perciò, denominato “Bruxelles I-bis”), ... 156/2012 della Commissione, del 22 febbraio 2012, recante modifica degli allegati da I a IV del regolamento (CE) n. regolamento Bruxelles 1 bis, n. 1215/2012, sulla competenza giurisdizionale, il riconoscimento e le decisioni in materia civile e commerciale; regolamento Bruxelles 2 bis, n. 2201/2003, relativo alla competenza, al riconoscimento e all'esecuzione delle decisioni in materia matrimoniale e in materia di responsabilità genitoriale; 1. In such a case, the court first seised should be required to stay its proceedings as soon as the designated court has been seised and until such time as the latter court declares that it has no jurisdiction under the exclusive choice-of-court agreement.
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