ARTICLE · 24 FEBRUARY 2023

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Anti-suit Injunctions To Restrain Proceedings In EU Courts

Norton Rose Fulbright

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The Commercial Court's decision in Ebury Partners Belgium SA/NV v Technical Touch BV & Anor [2022] EWHC 2927 (Comm) illustrates how, post-Brexit, English courts can now grant anti-suit injunctions...

European UnionGovernment, Public Sector

The Commercial Court's decision in Ebury Partners Belgium SA/NV v Technical Touch BV & Anor [2022] EWHC 2927 (Comm) illustrates how, post-Brexit, English courts can now grant anti-suit injunctions to restrain proceedings in EU courts brought in breach of an exclusive English jurisdiction clause and the principles they may apply in considering ordering such relief.

Background

Prior to Brexit, the English court could not grant an anti-suit injunction to restrain proceedings in EU courts which had been brought in breach of an exclusive English jurisdiction agreement. The European Court had held that such relief was incompatible with the Brussels Recast Regulation (the "Regulation"), which continues to apply between EU Member States. The Regulation controls which Member State court has jurisdiction to hear a particular dispute and provides the mechanism for how this is determined. Anti-suit injunctions were considered to interfere with this regime.

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