Litispendenza e connessione tra Stati membri e Stati terzi nel regolamento Bruxelles I bis

Translated title of the contribution: [Autom. eng. transl.] Litigation and connection between Member States and third States in the Brussels Ia Regulation

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Abstract

[Autom. eng. transl.] 1. The role played by the coordination of "parallel" proceedings pending in several States in the construction of the European judicial area. - 2. The introduction, with the Brussels I bis regulation, of a specific discipline referring to lis pendens and non-European connections. - 3. Basic reasons and characteristics of the discipline contained in articles 33 and 34 of the Brussels I bis regulation. - 4. (Continued). The importance of the new discipline with respect to the dynamics within the European judicial area and the (definitive) sanction of the inapplicability, within the material sphere of the regulation, of the common rules on international lis pendens. - 5. Some problematic profiles of Articles 33 and 34 of the Brussels Ia Regulation: in particular, the conditions for suspension of the pending procedure in the Member State. - 6. (Continued). The uneven application of the discipline in question within the European judicial area. - 7. (Continued). The discretion inherent in the appreciation of the reasons for the "good administration of justice". - 8. Closing remarks.
Translated title of the contribution[Autom. eng. transl.] Litigation and connection between Member States and third States in the Brussels Ia Regulation
Original languageItalian
Pages (from-to)621-636
Number of pages16
JournalDIRITTO DEL COMMERCIO INTERNAZIONALE
Volume28
Publication statusPublished - 2014

Keywords

  • Diritto internazionale privato
  • Lis pendens
  • Litispendenza
  • Private international law

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