Keywords
Summary

Keywords

Convention on Jurisdiction and the Enforcement of Judgments - Accession of new Contracting States - Spain - Portugal - Transitional provisions - Lis pendens - Proceedings involving the same cause of action and between the same parties in two different Contracting States - First proceedings brought before and second proceedings after the entry into force of the Accession Convention between the two States - Application of Article 21 of the Convention on Jurisdiction and the Enforcement of Judgments by the court second seised - Conditions

(Convention of 27 September 1968, Art. 21; 1989 Accession Convention, Art. 29)

Summary

Article 29(1) of the Convention of 26 May 1989 on the Accession of the Kingdom of Spain and the Portuguese Republic to the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters must be interpreted as meaning that where proceedings involving the same cause of action and between the same parties are pending in two different Contracting States, the first proceedings having been brought before the date of entry into force of the Brussels Convention between those States and the second proceedings after that date, the court second seised must apply Article 21 of the latter Convention if the court first seised has assumed jurisdiction on the basis of a rule which accords with the provisions of Title II of that Convention or with the provisions of a convention which was in force between the two States concerned when the proceedings were instituted; if the court first seised has not yet ruled on whether it has jurisdiction, the court second seised must apply that article provisionally.

On the other hand, the latter court must not apply Article 21 of the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters if the court first seised has assumed jurisdiction on the basis of a rule which does not accord with the provisions of Title II of that Convention or with the provisions of a convention which was in force between those two States when the proceedings were instituted.