The GROTIUS Program: Proposals for Amending Article 21 and 22 of the Brussels Convention

In: European Review of Private Law, Band 8, Heft 2, S. 257-279

Abstract

The following paper sets out some of the conclusions of a Grotius funded project concerning the revision of the Brussels and Lugano Conventions. It focusses in particular on the provisions of the Conventions dealing with lis pendens and related actions (currently Arts. 21 and 22) and the associated problem of determining the time of the proceedings. The difficulties experienced in interpreting Arts. 21 and 22 are noted and linked to differences in the domestic laws of the Member States. The existing interpretations given by the European Court of Justice are unsatisfactory because they fail to take adequate account of these national differences, and the role that they play within the national legal order. New wording for the relevant articles of the Conventions is proposed.