Human rights — Fundamental rights in European Union — Guarantees under Article 6(1) of European Convention on Human Rights, 1950 — European Union membership not relieving States from obligations under European Convention on Human Rights — Obligations to be assessed in light of presumption of equivalent protection established by European Court of Human Rights — Presumption that a State implementing legal obligations flowing from its EU membership not violating its obligations under European Convention — Inapplicability of presumption where EU Member State exercising State discretion — Presumption rebutted if protection of Convention rights manifestly deficient

Human rights — Right to a fair hearing — Service of judicial documents — Judgment given in default — Failure to appeal — Burden of proof with regard to existence and availability of an appeal

Recognition — Mutual recognition based on European Union Law — Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and recognition and enforcement of judgments in civil and commercial matters (“Brussels I Regulation”) — Recognition and enforcement of judgment given in default — Applicability of “Bosphorus presumption” of equivalent protection — Whether Article 34(2) of Brussels I Regulation conferring any discretion to domestic courts — Whether preliminary ruling from European Court of Justice always required to be sought to satisfy Bosphorus test — Whether protection of fundamental rights manifestly deficient — Guarantees under Article 6(1) of European Convention on Human Rights, 1950 — Whether respondent State violating Article 6(1) of European Convention