New rules on jurisdiction and the recognition and enforcement of
judgments in civil and commercial matters apply in the EU from 10
January 2015. EU Regulation 1215/2012 (the recast Regulation)
replaces EU Regulation 44/2001 (the Brussels I Regulation) for
proceedings commenced on or after that date.
Changes to the lis pendens rules
One of the most heavily criticised aspects of the Brussels I
Regulation related to the interpretation of Article 27, which
provided that, where proceedings were brought first in one EU
Member State, all other EU courts had to stay any proceedings
involving the same parties and same cause of action (pending the
decision of the first seised court on jurisdiction), even when
proceedings were brought in breach of an exclusive jurisdiction
clause. This encouraged "torpedo" actions
whereby proceedings were commenced in one EU court to delay
proceedings in the court expressly chosen by the parties in an
exclusive jurisdiction clause.
