Translation of "Für vollstreckbar erklären" in English

However, the Community Patent Court may declare its decisions enforceable while, if necessary, subjecting enforcement to the provision of security.

The applicant requested an order for the enforcement in France of a judgment given by the Amtsgericht Berlin­Charlottenburg.

Such decisions shall be declared enforceable in that Member State in so far as the legislation and any other procedures of that Member State so require.

Regulation (EC) No 1347/2000 provides that any interested party may request that a judgment issued in one Member State shall be recognised and declared enforceable in another Member State.

Even if national law does not provide for enforceability by operation of law, notwithstanding any appeal, of a judgment requiring the return of the child mentioned in Article 11(b)(8), the court of origin may declare the judgment enforceable.

Even if national law does not provide for enforceability by operation of law of a judgment granting access rights, the court of origin may declare that the judgment shall be enforceable, notwithstanding any appeal.

The EESC welcomes the fact that the court of origin could declare a decision provisionally enforceable even if this possibility does not exist in its national law.

Article 41 of Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, relating to access rights, provides: “Even if national law does not provide for enforceability by operation of law of a judgment granting access rights, the court of origin may declare that the judgment shall be enforceable, notwithstanding any appeal”.

The court may declare the decision ordering the return of the child provisionally enforceable notwithstanding any appeal, even if national law does not provide for such provisional enforceability.

However, the Chamber of First Instance may declare its judgment enforceable while, if necessary, subjecting enforcement to the provision of security.

This Regulation should therefore provide that the court of origin should be able to declare the decision provisionally enforceable even if the national law does not provide for enforceability by operation of law and even if an appeal has been or could still be lodged against the decision under national law.

The court of origin may declare the decision provisionally enforceable, notwithstanding any appeal, even if national law does not provide for enforceability by operation of law.

Therefore, that situation does not prevent the courts of another Member State from declaring such judgments enforceable.

Such decisions shall be declared enforceable in the territory of the Member State in which the institution addressed by the competent institution is situated insofar as the legislation of that Member State so requires.

At the end of that period, and after verification, the court of the Member State of origin could issue an enforceable order for payment;

A court of law might make a reference in a case where it was asked to grant leave for enforcement or to set aside an arbitral award, but it is questionable whether this is an adequate alternative.

The applicant, the divorced wife of the respondent, sought a declaration that an order made on 12 September 1974 by the Tribunal de Grande Instance, Verdun (France), in divorce proceedings between the parties which recorded that a reconciliation was not possible (ordonnance d'inconciliation) and a divorce decree pronounced on 12 Decem­ber 1974 by the same court were enforceable in Belgium under the Brussels Convention in so far as the respondent was thereby ordered to pay monthly amounts for the mainte­nance of the children of the marriage.

An application to the Rechtbank van Eerste Aan­leg, Veurne, for the enforcement ofthat order in Belgium was granted.

The court held that, because in other respects the judgment in default satisfied the re­quirements of the Convention, it should be declared enforceable.

Ac­cording to that opinion, the issue of the third­party notice ordered by the Italian inves­tigating judge under Article 107 of those Rules of Procedure took effect as an action against the third­party so that, under Articles 26 and 31 of the Convention, a judgment of the Landesgericht Bozen would be declared to be enforceable in Germany as against the defendant.

Simod applied to the President of the Tribunal de grande instance, Paris, for an order for the enforcement of the Italian judgment in France.

In its decision on the Ger­man airline's appeal against an order issued under the Brussels Convention for the en­forcement of the judgment which Eurocontrol had obtained in Belgium the Bundesge­richtshof considered the question whether the Belgian judgment was enforceable under the German­Belgian Convention of 30 June 1958 on recognition and enforcement, since, on the one hand, it was clear from the judgment of the European Court of Justice of 14 October 1976 (Case 29/76 LTU ? Eurocontrol [1976] ECR 1541; supra, I­l.l — A 1) that no order for enforcement could be made under the Brussels Convention, whilst, on the other hand, according to the judgment of 14 July 1977, the German­Belgian Convention continued to have effect.

The proposal further provides that the court of origin could declare a decision provisionally enforceable even if this possibility does not exist in its national law.