The parties argued about the declaration of enforceability of a French judgment. It was doubtful whether the Regional Court correctly had denied a violation of public policy within the meaning of Art. 34 no. 1 Brussels I.
The court affirmed the first instance court’s decision. A violation of public policy in its procedural aspect couldn’t be stated if the defendant hadn’t used the possibilities of defense in the state where the judgment was granted.
In the present case the defendant could have lodged an appeal by using the remedy ‘recours en révision’. Therefore the judgment is correct.