9.10.2017   

EN

Official Journal of the European Union

C 338/3

1.

Does an infringement of the rules on lis pendens contained in Article 19(2) and (3) of Regulation No 2201/2003 (1) affect only the determination of jurisdiction, with the consequent application of Article 24 of Regulation No 2201/2003 or, on the contrary, may it constitute a ground for withholding recognition, in the Member State whose court has been seised first, of a judicial ruling made in the Member State whose court has been seised at a later stage, in the light of procedural public policy, having regard to the fact that Article 24 of Regulation No 2201/2003 refers only to the rules determining jurisdiction contained in Articles 3 to 14 of that regulation and not to the subsequent Article 19 thereof?

2.

Does the interpretation of Article 19 of Regulation No 2201/2003, seen only as a test for the conferral of jurisdiction, conflict with the EU-law concept of lis pendens and with the function and purpose of that provision, which is intended to lay down a set of binding rules, reflecting procedural public policy, thereby guaranteeing the creation of a common area characterised by reciprocal procedural trust and fairness between the Member States, within which the automatic recognition and free movement of judicial decisions may operate?