
I reviewed Bot AG’s Opinion in C-386/17 Liberato here. The Court confirmed last week. Whether lis alibi pendens applies, entails applying jurisdictional rules (in essence an assessment as to whether parties are the same etc.). Except in the very rare cases of (now) Article 45 1(e) Brussels I Recast, infringement of jurisdictional rules does not feature among the reasons for refusal of recognition. Alleged infringement of the lis alibi pendens rule does not therefore qualify as ordre public.
Geert.
(Handbook of) EU Private International Law, 2nd ed. 2016, Chapter 2, Heading 2.2.16.1.3, 2.2.16.1.4.
As announced by the Department of International Law of the Organization of American States (OAS), registration is now open for the XLVI Course of International Law to be held in Rio de Janeiro, Brazil, from 22 July to 9 August 2019. Further information is available here in Spanish and English.
The preliminary draft agenda is available here.
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