Case Private International Law

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| PRIVATE INTERNATIONAL LAW | | | Isabel Urbano Martínez | 12/12/2014 | | Case C-7/98 Dieter Krombach v André Bamberski 1.- ISSUE Mr Krombach, a doctor of German nationality, administered an injection of Cobalt-Ferrlecit to a young girl, Kalinka Bamberski, a French national who was staying at his home in Lindau (Germany), and that she died in Lindau on 10 July 1982. In this case the Bundesgerichtshof (Germany) has requested a preliminary ruling on three questions concerning the interpretation of Article 27, point 1, of the Convention of 27 September 1968. The questions concern the interpretation of the expression public policy in the State in which recognition is sought in Article 27, point 1. The Court is asked to rule, first, on whether a court of a Contracting State may refuse to recognise, on the ground that it is contrary to public policy, a judgment given by a court of another Contracting State on a civil claim introduced in criminal proceedings, where the latter court based its jurisdiction solely on the victim's nationality and, second, on whether the first court may refuse to recognise the foreign judgment where the court of the State of origin refused to allow the accused to defend himself, on the basis of national rules of criminal procedure which preclude a defendant who does not enter an appearance from presenting his defence. 2.- RULE There are some rules that have been applied to this case. I am going to expose the rules relatives to the Brussels Convention: * Article 1, paragraph 1 * Article 2, paragraph 1 * Article 3 * Article 27, point 1 * Article 28 * Article II of the Protocol 3.- APPLICATION About the first question: The national court asks whether the courts of a Contracting State may not recognize, as being contrary to public policy (under Article 27, point 1, of the Convention), a judgment

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