Legal Journals

Case note on Gambazzi

By Gilles Cuniberti

I have posted a draft case note in English on the Gambazzi case on SSRN.

It discusses a variety of the issues raised by the judgment of the ECJ, including the characterization of English default judgments as judgments within the meaning of article 25 of the Brussels Convention (as it was then) and the compatibility of the English proceedings with public policy.

With respect to public policy, the central argument is that the ECJ’s conclusion that the English proceedings ought to be scrutinized globally is unhelpful and confusing. It should have been conceptually much clearer and should have identified the particular aspects of the proceedings which could be found as infringing Gambazzi’s fundamental rights.

The note can be freely downloaded here. It is a draft, so I very much welcome comments!

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Full post as published by Conflict of Laws on November 30, 2009 (boomark / email).