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All the TRNCers' worries are over ...

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All the TRNCers' worries are over ...

Postby Gasman » Thu Feb 11, 2010 5:15 pm

According to the latest 'legal' advice given on CY44 re the Orams' case:

Re the advice on the Orams



It is suggested that there are 3 grounds that can be used to refuse to enforce the judgement of one EU court in another EU country.



The ground that appears to offer most protection if it is confirmed to be correct is "judgement in default" ie dont attend RoC court to defend any writ.



It is stated that the reason Orams could not use this route is because they appealled intial default ruling in the RoC



If this legal advice is indeed correct then the expat problem is solved



Simply do not respond to any writ or appeal any judgement issued by RoC and this type of judgement then falls outside the EU law of enforceability elsewhere in the EU.



This is how the legal opinion of Naomi Mehmet appears to be written and clarification/confirmation of this should be sought via a lawyer expert in EU law
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Postby Get Real! » Thu Feb 11, 2010 5:33 pm

EU Judgments obtained in Default of Defence [EU Regulation 805/2004]

Presently, a creditor who obtains against a debtor a judgment in default of defence within the EU must go through a second recognition and enforcement judicial process should he/she wish to enforce that judgment in another EU state. If a foreign-based debtor offers no defence to its suppliers’ local court proceedings for a Judgment for the unpaid invoiced sums, the supplier will still have to enforce that Judgment in the EU country where the debtor is located.

http://www.duncangrehan.com/pages/english/debtnews.html

Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims

http://eur-lex.europa.eu/LexUriServ/Lex ... 05:EN:HTML

http://eur-lex.europa.eu/LexUriServ/Lex ... 039:EN:PDF

http://eur-lex.europa.eu/LexUriServ/Lex ... 204:EN:PDF


So what was that excuse again? :lol:
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Postby paliometoxo » Thu Feb 11, 2010 6:03 pm

dont worry turkey is ignoring the ruling they wont demolish it.
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