Litispendenza comunitaria ed electio fori: la deroga al criterio della prevenzione temporale secondo l’art. 31, par. 2 del regolamento (UE) n. 1215/2012

Abstract

Article 31(2) of Regulation (EU) No 1215/2012 is an important innovation in the area of agreements on jurisdiction, as it introduces a derogation from the principle of temporal prevention governing lis pendens. This provision states that, where proceedings are initiated between the same parties and for the same dispute before a court of a Member State with exclusive jurisdiction under an extension agreement pursuant to Article 25, a court of another Member State, even if pre-emptively seised, is nevertheless required to stay its proceedings until the court seised on the basis of the agreement declares itself not to be competent under the agreement. The question therefore arises as to the extent of the powers of investigation conferred on the court seized and on the court whose jurisdiction has been extended, as well as the redress available to the party who is denied the stay of proceedings by a court other than that chosen on the basis of the clause.