The parties argued about the declaration of enforceability regarding a French court’s default judgment (jugement réputé contradictoire). The French court had ignored the existence of an agreement on jurisdiction made by the parties. The first instance court granted the execution clause.
The second instance court affirmed the first instance court’s decision. It held that in view of Art. 34 no. 1 Brussels I it didn’t matter if the court had ignored a jurisdiction agreement as long as the defendant has had a reasonable possibility to defend himself.
Art. 35 (1), (2) Brussels I clearly determine the aim that deficits regarding international jurisdiction should be clarified before the courts of the judgment’s origin. Therefore the judgment is correct.