Air Navigation (Eurocontrol) Act, 1983
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Non-recognition or non-enforcement of determination. |
6.—(1) A determination by a relevant authority in a contracting state other than the State shall not be recognised or enforced in the State if— | |
(a) the contracting state is not the country or one of the countries in which, pursuant to the provisions of section 7 of this Act, proceedings in respect of the sum claimed to be due should have been brought; or | ||
(b) the determination is not final; or | ||
(c) the determination is manifestly contrary to public policy in the State; or | ||
(d) the person against whom the proceedings which resulted in the determination were brought did not, notwithstanding that due notice of the proceedings may have been duly served on him in the contracting state, receive notice of the proceedings in sufficient time to enable him to defend the proceedings or, as the case may be, to apply for the proceedings to be reviewed; or | ||
(e) proceedings relating to the same sum have been previously commenced, and are pending, in the State; or | ||
(f) the determination is incompatible with the judgement of any court in the State; or | ||
(g) the determination involved the application of the rules of private international law relating to a question concerning— | ||
(i) the status or legal capacity of natural persons, or | ||
(ii) rights of property arising out of a matrimonial relationship, or | ||
(iii) wills or the laws relating to succession, | ||
(being rules which are different to the corresponding rules of private international law applicable within the State) and the determination was different from the determination which would have been made if the rules of private international law applicable within the State had applied. | ||
(2) For the purposes of paragraph (b) of subsection (1) of this section, a determination by a relevant authority in a contracting state shall be deemed to be final if— | ||
(a) neither an appeal from, nor an application for review of, that determination is pending in that state, and | ||
(b) it is not possible for any of the reasons specified in subsection (3) of this section for such an appeal to be brought or for such an application to be made. | ||
(3) The reasons referred to in paragraph (b) of subsection (2) of this section are— | ||
(a) the law applicable in the contracting state does not provide for an appeal from, or review of, the determination, being a determination made by either a court or a tribunal; or | ||
(b) the time within which an appeal must be brought or an application for review must be made has expired; or | ||
(c) an appeal which has been brought or an application for review which has been made, has been withdrawn; or | ||
(d) the determination has been confirmed by, or made in pursuance of a direction contained in, a determination which was made by a relevant authority and is final and without appeal. | ||
(4) If, on an appeal against a decision to enforce a determination, the appellant satisfies the court that the determination is not final, the court may, on such terms as it may think fit— | ||
(a) set aside the enforcement order, or | ||
(b) adjourn the appeal until such time as the determination has become final. | ||
(5) Nothing in subsection (4) of this section shall require the court either to set aside an enforcement order or to adjourn an appeal in any case where— | ||
(a) the court is satisfied that there is no other ground on which the enforcement order should be set aside, and | ||
(b) the court is not satisfied that the applicant intends to continue with an appeal or application for review which is pending or, as the case may be, to bring any appeal, or make any such application, which it is open to him to bring or make in respect of the determination. |