Opinion of the Advocate General — ECLI:EU:C:2002:107
Date: 2002-02-21
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Brussels Convention of 27 September 1968;Brussels Convention of 27 September 1968 - Enforcement
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 
1. Convention on Jurisdiction and the Enforcement of judgments — Recognition and 
enforcement — Grounds for refusal — Irreconcilable judgments — Interlocutory 
judgments, one granting an injunction the other refusing to grant an injunction 
(Brussels Convention of 27 September 1968, Art. 27(3)) 
I - 4995 
SUMMARY — CASE C-80/00 
2. Convention on Jurisdiction and the Enforcement of judgments — Recognition and 
enforcement — Grounds for refusal — Irreconcilable judgments — Mandatory 
nature of requirement to refuse recognition 
(Brussels Convention of 27 September 1968, Art. 27(3)) 
1. On a proper cons t ruc t ion of 
Article 27(3) of the Convention of 
27 September 1968 on Jurisdiction 
and the Enforcement of Judgments in 
Civil and Commercial Matters, as 
amended by the Convention of 
9 October 1978 on the Accession of 
the Kingdom of Denmark, Ireland and 
the United Kingdom of Great Britain 
and Northern Ireland, by the Conven­
tion of 25 October 1982 on the Acces­
sion of the Hellenic Republic and by 
the Convention of 26 May 1989 on the 
Accession of the Kingdom of Spain and 
the Portuguese Republic, a foreign 
decision on interim measures ordering 
an obligor not to carry out certain acts 
is irreconcilable with a decision on 
interim measures refusing to grant such 
an order in a dispute between the same 
parties in the State where recognition is 
sought. 
(see para. 47, operative part 1) 
2. Where a court of the State in which 
recognition is sought finds that a judg­
ment of a court of another Contracting 
State is irreconcilable with a judgment 
given by a court of the former State in a 
dispute between the same parties, it is 
required to refuse to recognise the 
foreign judgment. 
(see para. 52, operative part 2) 
I - 4996