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Comet v Unika Computer SA

[2004] International Law and Procedure 1

Court: High Court
Date of Judgment: 18.03.03
James Behrens

A provisional judgment given by the French court was wrongly made under Art.31 Council Regulation 44/2001/EC and the claimant was entitled to a declaration that the order of the French court would not be recognised or enforced in England and an injunction requiring the defendant to apply to the French court for the order to be discharged.

An astonishing case for Anglo-French relations. The UK court was prepared to stick two fingers at the Tribunal de Commerce de Meaux. If it had been the Cour de Cassation, things might have been rather different.


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