Version | |
Download | 1 |
Stock | ∞ |
File Size | 408kb |
Create Date | May 28, 2020 |
Download |
The Issues on the Applications
Application based on Article 29 of the Regulation
38. Articles 29 and 30 of the Regulation provide for a regime dealing with proceedings brought in the courts of more than one Member State.
39. They are in the following terms:
‘Article 29.
1. Without prejudice to Article 31(2), where proceedings involving the same cause of action and between the same parties are brought in the courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.
2. In cases referred to in paragraph 1, upon request by a court seised of the dispute, any other court seised shall without delay inform the former court of the date when it was seised in accordance with Article 32.
3. Where the jurisdiction of the court first seised is established, any court other than the court first seised shall decline jurisdiction in favour of that court.
Article 30.
1. Where related actions are pending in the courts of different Member States, any court other than the court first seised may stay its proceedings.
2. Where the action in the court first seised is pending at first instance, any other court may also, on the application of one of the parties, decline jurisdiction if the court first seised has jurisdiction