CHAPTER IIIRECOGNITION AND ENFORCEMENT
SECTION 3 Refusal of recognition and enforcement
Article 45
1.
On the application of any interested party, the recognition of a judgment shall be refused:
(a)
if such recognition is manifestly contrary to public policy (ordre public) in the Member State addressed;
(b)
where the judgment was given in default of appearance, if the defendant was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable him to arrange for his defence, unless the defendant failed to commence proceedings to challenge the judgment when it was possible for him to do so;
(c)
if the judgment is irreconcilable with a judgment given between the same parties in the Member State addressed;
(d)
if the judgment is irreconcilable with an earlier judgment given in another Member State or in a third State involving the same cause of action and between the same parties, provided that the earlier judgment fulfils the conditions necessary for its recognition in the Member State addressed; or
(e)
if the judgment conflicts with:
- (i)
Sections 3, 4 or 5 of Chapter II where the policyholder, the insured, a beneficiary of the insurance contract, the injured party, the consumer or the employee was the defendant; or
- (ii)
Section 6 of Chapter II.
2.
In its examination of the grounds of jurisdiction referred to in point (e) of paragraph 1, the court to which the application was submitted shall be bound by the findings of fact on which the court of origin based its jurisdiction.
3.
Without prejudice to point (e) of paragraph 1, the jurisdiction of the court of origin may not be reviewed. The test of public policy referred to in point (a) of paragraph 1 may not be applied to the rules relating to jurisdiction.
4.
The application for refusal of recognition shall be made in accordance with the procedures provided for in Subsection 2 and, where appropriate, Section 4.