European Business Law, the fourth volume in our series, shows how the European authorities simultaneously abolish all restrictions on access to and exercise of economic activities and support the growth of domestic markets, through the harmonization the internal legislation or the enactment of genuinely unified regulations.

European Business Law

Neither Regulation No 44/2001 nor Regulation No 1215/2012 which has replaced it was intended to unify the procedural formalities closely linked to the organization of judicial procedure in the various Member States . However, the scope of the court's jurisdiction being directly linked to its capacity or obligation to declare of its own motion that it has no jurisdiction or its capacity to settle i …

Scope

Neither Regulation No 44/2001 nor Regulation No 1215/2012 which has replaced it was intended to unify the procedural formalities closely linked to the organization of judicial procedure in the various Member States . However, the scope of the court's jurisdiction being directly linked to its capacity or obligation to declare of its own motion that it has no jurisdiction or its capacity to settle incidental jurisdiction, the regulation imposes on the court seized to refuse jurisdiction where it is seized of a claim which exclusively falls within the jurisdiction of another court pursuant to Article 24 (Article 27) or where the defendant domiciled in another Member State does not enter an appearance (Article 28). 

Regulation No 1215/2012 strictly governs cases of lis pendens and related actions (Articles 29 to 34) in order to “to minimise the possibility of concurrent proceedings and to ensure that irreconcilable judgments will not be given in different Member States” (Regulation No 1215/2012, recital 21). Although the regulation still stipulates that the court second seized must as a general rule decline jurisdiction in favor of the court first seized (Article 29), the text introduces new rules in matters of lis pendens. In order to enhance the effectiveness of exclusive choice-of-court agreements and to avoid abusive litigation tactics, the regulation provides that, where a court not designated in an exclusive choice-of-court agreement has been first seized of proceedings, it should stay its proceedings as soon as the designated court has been seized and until such time as the latter court declares that it has no jurisdiction under the exclusive choice-of-court agreement . This is to ensure that, in such a situation, the designated court has priority to decide on the validity of the agreement and on the extent to which the agreement applies to the dispute pending before it. The general lis pendens rule applies in situations where the parties have entered into conflicting exclusive choice-of-court agreements or where a court designated in an exclusive choice-of-court agreement has been seized first (Reg. No 1215/2012, recital 22).

The regulation also puts in place a mechanism which is designed to allow the courts of the Member States to take into account proceedings pending before the courts of third States (recital 23). In order to assess whether the jurisdiction of the third State is capable of recognition and enforcement in a Member State, the court of the Member State concerned should assess all the circumstances of the case before it . That assessment may also include consideration of the question whether the court of the third State has exclusive jurisdiction (recital 24). 

Regarding the concept of lis pendens, see Case 129/83 Zelger v Salinitri [1984] ECR 2397, LawLex200900001521JBJ.

 Which may include connections between the facts of the case and the parties and the third State concerned, the stage to which the proceedings in the third State have progressed by the time proceedings are initiated in the court of the Member State and whether or not the court of the third State can be expected to give a judgment within a reasonable time. 

European Business Law

360. Scope

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Les décisions de justice citées dans ce paragraphe :

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Les notions juridiques connexes

360. Scope

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Sous parties

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise