11 Update to Chapter 21: Concurrent Proceedings
From: Civil Jurisdiction and Judgments in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention - Online Update, January 2018
Trevor C Hartley
- Concurrent claims — Stay of court proceedings
Updating paragraphs 21.30–21.37 When is a Court Seised? Lugano 2007, Article 30.
N-21-1 For the purpose of the rule on lis pendens, the date on which a mandatory arbitration procedure is lodged before an arbitration authority under Swiss law is the date on which the ‘court’ is deemed to be seised: Case C 467/16, Schlömp, ECLI:EU:C:2017:993.
Updating paragraphs 21.30–21.37 When is a Court Seised? Brussels 2012, Article 32(1)(a).
N-21-2 If a procedure for a measure of inquiry is commenced prior to any legal proceedings (under Article 145 of the French Code of Civil Procedure), the date on which that measure of inquiry is commenced is not the date on which the court is seised for the purpose of what is now Brussels 2012, Article 32(1)(a), then Brussels 2000, Article 30(1): Case C 29/16, HanseYachts AG, ECLI:EU:C:2017:343.