Judgment of the Court; 12 July 1984; Firma P. v Firma K.; in Case 178/83:

The court hearing an appeal by the party seeking enforcement is required to hear the party against whom enforcement is sought, pursuant to the first sentence of the second paragraph of Article 40 of the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, even though the application for an enforcement order was dismissed simply because documents were not produced at the appropriate time and the enforcement order is applied for in a State which is not the State of residence of the party against whom enforcement is sought.