Article 38 – Suspension of Proceedings (Recognition)

Section: Chapter III - Recognition and Enforcement - Section 1 Recognition

Category: Recognition

Content

The court or authority before which a judgment given in another Member State is invoked may suspend the proceedings, in whole or in part, if: (a) the judgment is challenged in the Member State of origin; or (b) an application has been submitted for a decision that there are no grounds for refusal of recognition as referred to in Article 45 or for a decision that the recognition is to be refused on the basis of one of those grounds.

Related Topics

  • Suspension
  • Challenge
  • Stay