Opinion of the Advocate General — ECLI:EU:C:1999:44
Date: 1999-02-02
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 
Convention on jurisdiction and the Enforcement of judgments — Enforcement of a 
document which has been formally drawn up and registered as an authentic instrument 
and is enforceable in a Contracting State — Definition of 'authentic instruments' — 
Document drawn up without any involvement of a competent authority — Excluded 
(Convention of 27 September 1968, Art. 50) 
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SUMMARY — CASE C-260/97 
An acknowledgment of indebtedness 
enforceable under the law of the State of 
origin whose authenticity has not been 
established by a public authority or other 
authority empowered for that purpose by 
that State does not constitute an authentic 
instrument within the meaning of Arti­
cle 50 of the Convention of 27 September 
1968 on Jurisdiction and the Enforcement 
of Judgments in Civil and Commercial 
Matters. 
The authentic nature of such instruments 
must be established beyond dispute so that 
the court in the State in which enforcement 
is sought is in a position to rely on their 
authenticity, since the instruments covered 
by Article 50 are enforced under exactly 
the same conditions as judgments. 
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