Примери за използване на Second seised на Английски и техните преводи на Български
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since the parties to the dispute brought before the court second seised benefit by definition, as regards the judicial systems of the Member States, from the right of access to justice
in essence, with whether Article 27 of Regulation No 44/2001 must be interpreted as meaning that the court second seised should take into account, when it is called upon to apply that article, not only the aim of avoiding irreconcilable or contradictory judgments,(81)
The second part of the eighth question asks the Court to rule on whether the court second seised may or must take into account the protection of the right of access to justice of the applicant who has brought proceedings before it,
Lastly, the court second seised will be able to approach the central authority in its Member State'.
that the contested decision delivered by the court second seised was not final.
The second criterion contemplated is concerned with cases where the court second seised considers that it is appropriate to apply to the dispute the law of the Member State in which that court is located.
must rule on an incidental claim for recognition of the final judgment delivered by the court second seised.
In my opinion, it should be possible for the court second seised to take into account all the specific circumstances enabling it to determine whether it would be appropriate to stay its proceedings in each individual case brought before it.
Article 21 was worded in such a way that the court second seised had the option to stay its proceedings, instead of the obligation to decline jurisdiction, only where the jurisdiction of the other court was contested.
However, by definition, it will never be possible to establish that jurisdiction when the court second seised alone has exclusive jurisdiction by virtue of the subject-matter of the dispute,
In the event that the court second seised finds in concreto that the length of the proceedings brought first in another Member State is manifestly excessive, that court could
it should be noted, by analogy, that the Court has already held, in relation to Regulation No 2201/2003, that the court second seised may proceed with the consideration of the action brought before it, after a reasonable period of time awaiting answers to questions raised by it has elapsed.
Article 27 provides that the court second seised must stay its proceedings until the court first seised has determined whether it has jurisdiction to hear the claim.
the court second seised is of its own motion to stay its proceedings until such time as the jurisdiction of the court first seised is established(judgment of 6 October 2015,
in Article 27 are fulfilled, the court second seised has an obligation to stay its proceedings,
the fact that the court second seised declines jurisdiction cannot result in a negative conflict of jurisdiction since the jurisdiction of the court first seised can no longer be contested.
answer that question it must be recalled, first of all, that under Article 27(1) of Regulation No 44/2001, where there are parallel proceedings before the courts of different Member States, the court second seised must stay its proceedings of its own motion until the jurisdiction of the court first seised is established.
lis pendens is established, and in particular the elements that the court second seised is required to take into account, in the context of its decision to stay its proceedings under Article 27(1) of Regulation No 44/2001.
of its national law, the court second seised may, where the opposing parties in two sets of proceedings are the same,
question would be that, in the context of the application of Article 27(1) of Regulation No 44/2001, the court second seised cannot be required to take into consideration the applicant's complaint that the defendant acted in abuse of process by first bring proceedings before a court of another Member State.