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Case C-157/12: Judgment of the Court (Fourth Chamber) of 26 September 2013 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Salzgitter Mannesmann Handel GmbH v SC Laminorul SA (Area of freedom, security and justice — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 34(3) and (4) — Recognition of a judgment given in another Member State — Situation whereby that judgment is irreconcilable with an earlier judgment given in that Member State involving the same cause of action and between the same parties)

ECLI:EU:UNKNOWN:62012CA0157

62012CA0157

January 1, 2012
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Official Journal of the European Union

23.11.2013 *

(Case C-157/12) (Area of freedom, security and justice - Judicial cooperation in civil matters - Regulation (EC) No 44/2001 - Article 34(3) and (4) - Recognition of a judgment given in another Member State - Situation whereby that judgment is irreconcilable with an earlier judgment given in that Member State involving the same cause of action and between the same parties)

2013/C 344/44

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Salzgitter Mannesmann Handel GmbH

Defendant: SC Laminorul SA

Re:

Request for a preliminary ruling — Bundesgerichtshof — Interpretation of Article 34(4) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1) — Recognition of a judgment given in another Member State — Situation in which that decision is irreconcilable with another judgment given previously in the same Member State between the same parties, with the same subject matter and same cause of action

Operative part of the judgment

Article 34(4) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as not covering irreconcilable judgments given by courts of the same Member State.

* * *

(1) OJ C 184, 23.6.2012.

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