Thursday, 3 April 2014

Exclusive jurisdiction? Court second seised may not stay proceedings - CJEU in Weber (C-438/12)

3 April 2014: judgment CJEU in case Weber (C-438/12)

Today the Court of Justice followed the AG Jääskinen's opinion in determining that in matters of exclusive jurisdiction (in a given case the dispute related to immovable property) if two courts are seized, the second court may not stay its proceedings on the basis of Art. 22 (1) of the Regulation No 44/2001 without examining who has exclusive jurisdiction and if it belongs to the second court, it should proceed with the case. If the first court would recognize its jurisdiction this would be done contrary to exclusive jurisdiction rules and its judgment would not be able to be recognized on the basis of Art. 35. See for more details on this case our previous blog post (The Italian Torpedo...).

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