Judgment of the Court; 15 July 1982; Pendy Plastic Products BV v Pluspunkt Handelsgesellschaft mbH.; in Case 228/81

The court of the State in which enforcement is sought may, if it considers that the conditions laid down by Article 27 (2) of the Brussels Convention are fulfilled, refuse to grant recognition and enforcement of a judgment, even though the court of the State in which the judgment was given regarded it as proven, in accordance with the third paragraph of Article 20 of that Convention in conjunction with Article 15 of the Hague Convention of 15 November 1965, that the defendant, who failed to enter an appearance, had an opportunity to receive service of the document instituting the proceedings in sufficient time to enable him to make arrangements for his defence.