Krombach v Bamberski
A court of a member state may refuse to recognise a judgment of another member state on grounds of public policy where it was given in breach of the defendant's fundamental right to be defended, as protected by the European Convention.
Facts
Mr Krombach, a German doctor, was suspected of causing the death of his stepdaughter, a French national, in Germany. The German investigation was discontinued, but he was prosecuted in France, and the French court, applying a rule of French law, refused to allow his lawyers to represent him because he did not appear in person. He was convicted in his absence and ordered to pay civil compensation to the girl's father, Mr Bamberski. Mr Bamberski sought to enforce the civil judgment in Germany under the Brussels Convention.
Legal principle
The Court of Justice held that the court of the state in which enforcement is sought may take into account, in relation to the public policy exception in article 27(1) of the Brussels Convention, the fact that the court of the state of origin refused to allow the defendant to have his defence presented unless he appeared in person. Recourse to the public policy exception can be envisaged only where recognition or enforcement would be at variance to an unacceptable degree with the legal order of the state in which enforcement is sought, in that it would infringe a fundamental principle, and the right to be defended was such a principle, as recognised by the European Court of Human Rights. The German court was entitled to refuse enforcement.
Related cases on recognition and enforcement of foreign judgments
- Adams v Cape Industries plc [1990] Ch 433
- Emanuel v Symon [1908] 1 KB 302
- Goldman Sachs International v Novo Banco SA [2018] UKSC 34
- Henderson v Henderson (1843) 3 Hare 100
- Owens Bank Ltd v Bracco [1992] 2 AC 443
- Rubin v Eurofinance SA [2012] UKSC 46, [2013] 1 AC 236
- Schibsby v Westenholz (1870) LR 6 QB 155
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