Trade Agency Ltd v Seramico Investments Ltd C-619/10, [2012] All ER (D) 66 (Sep)
Court of Justice of the European Union (First Chamber), Judges Tizzano (Rapporteur and President of Chamber), Safjan, Ilesic, Levits and Berger, 6 September 2012
The Court of Justice of the European Union has made a preliminary ruling on the interpretation of Art 34(1) and (2) of Council Regulation (EC) 44/2001 (the Regulation) in proceedings between two companies concerning the recognition and enforcement in Latvia, under that Regulation of a judgment in default delivered by the English High Court.
The underlying proceedings concerned an action in England by which the claimant obtained a default judgment following the failure by the defendants to file a defence to the action.
The claimant obtained recognition and enforcement in Latvia of the judgment. Its application was accompanied by a copy of the judgment and the certificate provided for in Art 54 of the Regulation.
The defendant appealed in Latvia, contending that the application for recognition and enforcement of the judgment should be rejected on two grounds.
First, its rights of defence had been breached
