Article 32
1. For the purposes of this Section, a court shall be deemed to be seised:
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(a) |
at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the claimant has not subsequently failed to take the steps he was required to take to have service effected on the defendant; or |
|
(b) |
if the document has to be served before being lodged with the court, at the time when it is received by the authority responsible for service, provided that the claimant has not subsequently failed to take the steps he was required to take to have the document lodged with the court. |
The authority responsible for service referred to in point (b) shall be the first authority receiving the documents to be served.
2. The court, or the authority responsible for service, referred to in paragraph 1, shall note, respectively, the date of the lodging of the document instituting the proceedings or the equivalent document, or the date of receipt of the documents to be served.
Article 33
1. Where jurisdiction is based on Article 4 or on Articles 7, 8 or 9 and proceedings are pending before a court of a third State at the time when a court in a Member State is seised of an action involving the same cause of action and between the same parties as the proceedings in the court of the third State, the court of the Member State may stay the proceedings if:
|
(a) |
it is expected that the court of the third State will give a judgment capable of recognition and, where applicable, of enforcement in that Member State; and |
|
(b) |
the court of the Member State is satisfied that a stay is necessary for the proper administration of justice. |
2. The court of the Member State may continue the proceedings at any time if:
|
(a) |
the proceedings in the court of the third State are themselves stayed or discontinued; |
|
(b) |
it appears to the court of the Member State that the proceedings in the court of the third State are unlikely to be concluded within a reasonable time; or |
|
(c) |
the continuation of the proceedings is required for the proper administration of justice. |
3. The court of the Member State shall dismiss the proceedings if the proceedings in the court of the third State are concluded and have resulted in a judgment capable of recognition and, where applicable, of enforcement in that Member State.
4. The court of the Member State shall apply this Article on the application of one of the parties or, where possible under national law, of its own motion.
Article 34
1. Where jurisdiction is based on Article 4 or on Articles 7, 8 or 9 and an action is pending before a court of a third State at the time when a court in a Member State is seised of an action which is related to the action in the court of the third State, the court of the Member State may stay the proceedings if:
|
(a) |
it is expedient to hear and determine the related actions together to avoid the risk of irreconcilable judgments resulting from separate proceedings; |
|
(b) |
it is expected that the court of the third State will give a judgment capable of recognition and, where applicable, of enforcement in that Member State; and |
|
(c) |
the court of the Member State is satisfied that a stay is necessary for the proper administration of justice. |
2. The court of the Member State may continue the proceedings at any time if:
|
(a) |
it appears to the court of the Member State that there is no longer a risk of irreconcilable judgments; |
|
(b) |
the proceedings in the court of the third State are themselves stayed or discontinued; |
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(c) |
it appears to the court of the Member State that the proceedings in the court of the third State are unlikely to be concluded within a reasonable time; or |
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(d) |
the continuation of the proceedings is required for the proper administration of justice. |
3. The court of the Member State may dismiss the proceedings if the proceedings in the court of the third State are concluded and have resulted in a judgment capable of recognition and, where applicable, of enforcement in that Member State.
4. The court of the Member State shall apply this Article on the application of one of the parties or, where possible under national law, of its own motion.