13 October 2005

Case Law Update - Brussels Convention: Scania Finance France SA

The European Court decided a short but quite important point on service earlier today. The question was whether a claim form or other originating process shall be considered as having been properly served if service complies with the practice of the court effecting service or whether it must comply with the Brussels Convention. The Court decided that "where a relevant international convention is applicable between the State in which the judgment is given and the State in which recognition is sought, the question whether the document instituting the proceedings was duly served must be determined in the light of the provisions of that convention."

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