Facts
Enforcement proceedings concerning a Ukrainian award raised a constitutional challenge to the burden of proving defective notice and inability to defend.
Holding and outcome
The Constitutional Court declared the referral inadmissible. Paragraphs 22–27 compare the Civil Procedure Code with Convention Article V(1)(b): the debtor bears this objection’s burden, while proper notice and a reasonable opportunity to defend remain required.
Limits of the holding
The Constitutional Court did not decide the enforcement application or itself authorise execution. This was an admissibility ruling, not the final disposition of the Ukrainian award.
Sources and legal references
Moldova Constitutional Court, inadmissibility Decision 72 of 18 June 2024Copy from an official source
General information. The applicable legal framework depends on the particular dispute, seat and enforcement country.