Article 30
Print this page1. 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 over the actions in question and its law permits the consolidation thereof.
3. For the purposes of this Article, actions are deemed to be related where they are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings.
UPC Case Law
IPPT20240906, UPC CFI, LD Düsseldorf, Novartis v Celltrion
Stay of provisional measures proceedings because of pending related action is incompatible with their urgent nature (Article 30(1) Brussels Ibis).
IPPT20240704, UPC CFI, LD Paris, DexCom v Abbott
Lis pendens. The Court uses its discretion in case of “related actions” (Article 30(2) Brussels Ibis) to maintain jurisdiction to rule on the validity of the entire European patent EP 866, including its German part: not in the interests of the proper administration of justice either to decline jurisdiction in favour of the German national court or to stay proceedings pending the decision of the national court.