Community Litispendance Cover Image

Litispendenta Comunitara
Community Litispendance

Author(s): Gabriela Răducan
Subject(s): Politics / Political Sciences
Published by: Editura Lumen, Asociatia Lumen
Keywords: european judicial cooperation; Bruxelles I Regulation; community litispendance; procedure forclosure; legal suspension.

Summary/Abstract: Community litispendance is an autonomous notion regulated by the EC Regulation no. 44/2001, in order to avoid parallel procedures that might result into „incompatible decisions”. When two courts of different member states are seized with the same demand, between the same parties the second one will suspend its` procedure until the settlement of the first one`s competence. Although the reason of the existance and necessity of the institution of community litispendance is to prevent contradictory decisions and to insure the implementation of the automatic recognition system of different member states` jugements, if it is expected for this recognition to not be able to take place due to the disrespect from the court a quo of litispendance and connexity criteria, it is natural to understand that the selection of concurrent causes based only on the temporal criteria does not have to take place when the second court exercises its` jurisdiction according to the Regulation.

  • Issue Year: 2012
  • Issue No: 1
  • Page Range: 23-41
  • Page Count: 19
  • Language: Romanian