(Judgment) Where proceedings were brought in two member states, the second proceedings should not be automatically stayed where there was a difference in the actions such as an additional cause of action in the second claim. Lis alibi pendens is not appropriate in such a case. Cases which in fact involved different parties (ship owner and insurer) could be treated as the same for purposes of the convention only if the interests of the differing parties were genuinely identical.
Times 10-Jun-1998, Gazette 09-Sep-1998, C-351/96, ECJ/Cfi Bulletin 14/98, 7, [1998] EUECJ C-351/96
Bailii
Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968
International, European
Leading Case
Updated: 02 November 2021; Ref: scu.161977