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Part III Jurisdiction, 6 Jurisdiction: Common Provisions

From: European Private International Family Law: The Brussels IIb Regulation

Michael Wilderspin

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 04 March 2024

Choice of court and jurisdictional agreements — Matrimonial causes — Jurisdiction under the Brussels II Regulation

This chapter discusses the common rules in the Brussels IIb Regulation. It explains how common rules apply irrespective of whether the court is seized of an application for matrimonial relief or parental responsibility. Article 17 determines the moment of consideration for seizing a court. The chapter considers the rules around lis pendens and dependent actions featured in Article 20. The lis pendens regime aims to prevent parallel proceedings, partly for the economy of procedure and partly to avoid inconsistent or irreconcilable judgments being handed down in different Member States. The chapter then elaborates on the Brussels IIb Regulation’s examination of jurisdiction and admissibility.

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