UPC Court of Appeal, 17 September 2024: on Lis Pendens and preliminary objections
24-10-2024 Print this page
A request for a stay pursuant to Article 31 Brussels I recast is to be regarded as a preliminary objection (R. 19 RoP).
A court is to decline jurisdiction only if the proceedings involve the same cause of action and the same parties (Articles 31 and 29 Brussels I recast). Art. 31 requires that the second court seised establish the jurisdiction of the first court itself, rather than wait for the first court to establish jurisdiction in accordance with Art. 29.
During the transitional period of Article 83 UPCA, the articles 29 to 32 and 71c Brussels I recast apply where proceedings are pending before the UPC and a national court, even if the proceedings before the national court were initiated prior to the transitional period.
No need to refer a question on the interpretation of Art. 71c(2) or the applicability of Art. 29 to 32 of the Brussels I recast Regulation to the CJEU. Whether or not the Court of Appeal’s interpretation of Art. 71c(2) is correct and Art. 29 to 32 of the Brussels I recast Regulation apply, the result is the same.
