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Council Regulation (EU) 2016/1103 Article 37

Council Regulation (EU) 2016/1103 Article 37

Grounds of non-recognition

Article 37

A decision shall not be recognised: (a) if such recognition is manifestly contrary to public policy ( ordre public ) in the Member State in which recognition is sought; (b) where it 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 decision when it was possible for him to do so; (c) if it is irreconcilable with a decision given in proceedings between the same parties in the Member State in which recognition is sought; (d) if it is irreconcilable with an earlier decision 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 decision fulfils the conditions necessary for its recognition in the Member State in which recognition is sought.

Read the full instrument → · Read this in context: CHAPTER IV — RECOGNITION, ENFORCEABILITY AND ENFORCEMENT OF DECISIONS →

Other provisions in CHAPTER IV — RECOGNITION, ENFORCEABILITY AND ENFORCEMENT OF DECISIONS

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗ · Data as of 2026-07-04

CitationArticle 37 of Council Regulation (EU) 2016/1103 (LawPlayer, data as of 2026-07-04)

© European Union, https://eur-lex.europa.eu, 1998-2026. Reuse authorised under Commission Decision 2011/833/EU, provided the source is acknowledged.

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