Whether the French maintenance judgment had to be refused recognition under Article 34(3) Lugano Convention because of an earlier Swiss maintenance decision between the same parties.
No. The Swiss and French judgments were not irreconcilable in their legal effects because the Swiss regime expressly allowed deduction of the French spousal maintenance if actually paid.
Recognition may be refused only where two judgments between the same parties are objectively incompatible in their operative effects. The Swiss decision on family maintenance did not contradict the French decision; it took account of it by providing for deduction of EUR 2,500 upon payment.