Summary
As far as the recognition of a judgment given in another Member State is concerned, Article 34(2) of Regulation (EC) No 44/2001 requires the requested court to ascertain whether the document which instituted the proceedings has been served to the defendant in sufficient time to enable him to arrange for his defence in compliance with the procedural rules of the State in which the proceedings have been held and whether it complies with the fundamental principles of the legal system of the forum so that the fundamental rights of defence, and primarily the principle of adversary proceedings are not violated. Service of said document in accordance with the provisions of the law of the State where the defendant, being a legal person, has its seat, rather than pursuant to the provisions of the law of the State where the proceedings have been held, is in contrast with Article 34(2) of Regulation (EC) No 44/2001 .