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