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E-commerce and recognition and enforcement of judgements in the EU : latest developments

Dariusz Kloza (UGent)
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Abstract
On-line business increases the frequency of legal disputes. Due to the borderless nature of the Internet, both parties might originate from different jurisdictions. When a state court is seized by a transborder case, once judgement is given, the question of its recognition and enforcement in other jurisdiction might arise, especially that where the debtor has their assets. This is a matter of predictability, efficiency and certainty of legal protection, among others. For these reasons, private international law is of high relevance for e-commerce. This paper has a simple aim: it outlines some recent (1999-2009) developments in recognition and enforcement of judgements in the EU. The following issues are discussed: the enforcement order for uncontested claims, order for payment procedure and small claims procedure. Having overviewed the Lisbon Treaty amendments, a few remarks on the Lugano II Convention and pro-posed revision of the Brussels I Regulation are given.
Keywords
HRC, private international law, recognition, enforcement, exequatur, e-commerce, enforcement order, small claims procedure, payment order, Brussels I Regulation, Lugano II Convention, conflict of laws, European enforcement order for uncontested claims

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Citation

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MLA
Kloza, Dariusz. “E-Commerce and Recognition and Enforcement of Judgements in the EU : Latest Developments.” MASARYK UNIVERSITY JOURNAL OF LAW AND TECHNOLOGY, vol. 4, no. 1, 2010, pp. 21–33.
APA
Kloza, D. (2010). E-commerce and recognition and enforcement of judgements in the EU : latest developments. MASARYK UNIVERSITY JOURNAL OF LAW AND TECHNOLOGY, 4(1), 21–33.
Chicago author-date
Kloza, Dariusz. 2010. “E-Commerce and Recognition and Enforcement of Judgements in the EU : Latest Developments.” MASARYK UNIVERSITY JOURNAL OF LAW AND TECHNOLOGY 4 (1): 21–33.
Chicago author-date (all authors)
Kloza, Dariusz. 2010. “E-Commerce and Recognition and Enforcement of Judgements in the EU : Latest Developments.” MASARYK UNIVERSITY JOURNAL OF LAW AND TECHNOLOGY 4 (1): 21–33.
Vancouver
1.
Kloza D. E-commerce and recognition and enforcement of judgements in the EU : latest developments. MASARYK UNIVERSITY JOURNAL OF LAW AND TECHNOLOGY. 2010;4(1):21–33.
IEEE
[1]
D. Kloza, “E-commerce and recognition and enforcement of judgements in the EU : latest developments,” MASARYK UNIVERSITY JOURNAL OF LAW AND TECHNOLOGY, vol. 4, no. 1, pp. 21–33, 2010.
@article{8738601,
  abstract     = {{On-line business increases the frequency of legal disputes. Due to the borderless nature of the Internet, both parties might originate from different jurisdictions. When a state court is seized by a transborder case, once judgement is given, the question of its recognition and enforcement in other jurisdiction might arise, especially that where the debtor has their assets. This is a matter of predictability, efficiency and certainty of legal protection, among others. For these reasons, private international law is of high relevance for e-commerce. This paper has a simple aim: it outlines some recent (1999-2009) developments in recognition and enforcement of judgements in the EU. The following issues are discussed: the enforcement order for uncontested claims, order for payment procedure and small claims procedure. Having overviewed the Lisbon Treaty amendments, a few remarks on the Lugano II Convention and pro-posed revision of the Brussels I Regulation are given.}},
  author       = {{Kloza, Dariusz}},
  issn         = {{1802-5943}},
  journal      = {{MASARYK UNIVERSITY JOURNAL OF LAW AND TECHNOLOGY}},
  keywords     = {{HRC,private international law,recognition,enforcement,exequatur,e-commerce,enforcement order,small claims procedure,payment order,Brussels I Regulation,Lugano II Convention,conflict of laws,European enforcement order for uncontested claims}},
  language     = {{eng}},
  number       = {{1}},
  pages        = {{21--33}},
  title        = {{E-commerce and recognition and enforcement of judgements in the EU : latest developments}},
  url          = {{https://journals.muni.cz/mujlt/article/view/2555}},
  volume       = {{4}},
  year         = {{2010}},
}