Sep 20, 2021 / by OsmondMarketing / No Comments

The CFCB Adjudicatory Chamber found that Fenerbahçe had not achieved the “Break Even” target for the period under review until 2018. The court cannot enforce a settlement agreement if it does not exist; a concluded agreement, approved by the parties, is necessary to establish a breach of a settlement agreement. The power to impose a transaction can only be exercised if the terms have been agreed, although they are not in writing. The district court “may not pronounce a judgment in conformity without the effective agreement of the parties”.51 While a federal court may remain competent for the application of a composition agreement according to the doctrine of subsidiary jurisdiction12, its decision is therefore left to the discretion of a federal court13. 13 Assuming that the Court retains jurisdiction to enforce the settlement agreement, it must decide on the duration of that reservation of jurisdiction. The parties may agree that the settlement agreement itself, in which their consent establishes that the court of justice remains competent for enforcement, is admissible in the course of enforcement proceedings before the courts. Or they have the possibility to prepare a short and separate agreement specifically for the maintenance of jurisdiction. As long as Act (1) during the duration of the case, and not after the case has been totally dismissed, (2) by the parties themselves and (3), either in a letter signed by the parties orally before the court and submitted to the Tribunal, substantive jurisdiction is maintained and the Tribunal has the power to rule on a subsequent application for the application of the agreement. . is more than a mere continuation or renewal of the dismissed action and must therefore have its own basis of jurisdiction. » 2 1. . .

.