Article 40 — Grounds of non-recognition
A decision shall not be recognised:
- if such recognition is manifestly contrary to public policy (ordre public) in the Member State in which recognition is sought;
- where it was given in default of appearance, if the defendant was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable him to arrange for his defence, unless the defendant failed to commence proceedings to challenge the decision when it was possible for him to do so;
- if it is irreconcilable with a decision given in proceedings between the same parties in the Member State in which recognition is sought;
- if it is irreconcilable with an earlier decision given in another Member State or in a third State in proceedings involving the same cause of action and between the same parties, provided that the earlier decision fulfils the conditions necessary for its recognition in the Member State in which recognition is sought.