kaal:claim:617681-030

For cross border enforcement the critical question is not whether a judgment will be enforced in another Member State but when: eventual enforcement is insufficient if a party has time to remove assets, and delayed injunctions can be worthless.

Source quote, verbatim

In many instances, the critical question is not whether a judgment will be enforced in another Member State, but when. "Eventually" is an insufficient answer if damages cannot be collected because a party has time to remove assets elsewhere.

From

Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004), D.II.3 Incomplete Information About Mutual Recognition and Enforcement of Judgments, p. 33
https://ssrn.com/abstract=617681 · source PDF

Cite as

Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004). SSRN: https://ssrn.com/abstract=617681

Holds when

EU Member States that generally do enforce each other's judgments

Classification

failuresupport: arguedfailure: delayed-enforcementfamily: enforcement-gapcompliance

Verify

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