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Articles 33 and 34 enclose lis pendens rulings applicable to the same parties with the same cause of action and related proceedings where one set of proceedings is before a court of a Member State while another one is before a third State court. Those Articles serve to the same underlying principle of avoiding parallel proceedings and inconsistent judgments as Articles 29 and 30 do, applying to multiple proceedings before Member State courts. This similarity enables interpretations (22)…
In its infamous Owusu decision (24) the European Court of Justice determined that the mandatory domicile principle of the Brussels regime cannot be overridden by a Member State court even when a Non-Member State court would be more appropriate. It prohibited application of forum non conveniens in…
Subject to certain conditions, both Articles give a discretion to a Member State…
- proceedings in a third State should already be pending before a court;…
- proceedings should involve the same parties and the same cause of action for the…
- proceedings should be related for the purposes of Article 34;…
- jurisdiction should be based on Articles 4 or 7-9, which means another basis would…
- it is expected that a third State court would give a judgment capable of recognition…
- a stay should be necessary for the proper administration of justice; - for the purposes of Article 34, it should be expedient to hear and determine the…
Even when those conditions are met a Member State court is free to decide if to grant…
- proceedings in a third State are themselves stayed or discontinued; …
- proceedings in a third State are unlikely to be concluded within a reasonable…
- the continuation of those proceedings is for the proper administration of just…
- for the purposes of Article 34, it appears to a Member State court that there is…
In spite of their discretionary nature, possibility for a stay in favour of a Non-Member…
A mandatory stay in favour of a third State court is presented only if that court…
This above-mentioned point in respect to recognition and enforcement of a third State…
On the one hand, as discussed earlier, to achieve uniform set of rules for recognising…
Nevertheless, the European Union could draft specific rules prohibiting some places…
Adding to all, in cases where a Non-Member State court is second seized irrespective…
