Siegfried Zelger v Sebastiano Salinitri. [1984] EUECJ R-129/83 (7 June 1984)

Siegfried Zelger v Sebastiano Salinitri. [1984] EUECJ R-129/83 (7 June 1984)

Article 21 of the Brussels Convention must be interpreted as meaning that the court 'first seised' is the one before which the requirements for proceedings to become definitively pending are first fulfilled, such requirements to be determined in accordance with the national law of each of the courts concerned.

Citation
[1984] EUECJ R-129/83
Parties
Plaintiff: Siegfried Zelger; Defendant: Sebastiano Salinitri
Jurisdiction
European Union
Judgment Date
07 June 1984
Procedural Posture
Preliminary Reference / Judgment on Preliminary Ruling
Outcome
Preliminary ruling issued; interpretation of Article 21 provided.
Legal Topics
Lis Pendens, Jurisdiction, Brussels Convention, Interpretation of Article 21
Civil Procedure Private International Law Lis Pendens Jurisdiction Brussels Convention Interpretation of Article 21

Case Brief

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Parties

Siegfried Zelger

Plaintiff

Sebastiano Salinitri

Defendant

Procedural Posture

Preliminary Reference / Judgment on Preliminary Ruling

Legal Issues

  1. 1 What is the correct interpretation of 'court first seised' under Article 21 of the Brussels Convention?
  2. 2 Is the decisive moment for seisin the lodging of the initiating document or its service on the defendant?

Ratio Decidendi

Article 21 of the Brussels Convention must be interpreted as meaning that the court 'first seised' is the one before which the requirements for proceedings to become definitively pending are first fulfilled, such requirements to be determined in accordance with the national law of each of the courts concerned.

Court Disposition

Preliminary ruling issued; interpretation of Article 21 provided.

Orders

  • Article 21 of the Convention of 27 September 1968 must be interpreted as meaning that the court 'first seised' is the one before which the requirements for proceedings to become definitively pending are first fulfilled, such requirements to be determined in accordance with the national law of each of the courts...