An analysis of the rules on lis pendens and related actions contained in the Brussels I Regulation.

What is it about?

This paper analyses the most significant features of the rules on lis pendens and on related actions contained in Regulation No. 44/2001 (Brussels I) as well as in other instruments adopted by the EU in the field of judicial cooperation in civil matters, underlining the role of the principle of reciprocal faith between the judicial systems of the Member States as a cornerstone in the development of a European Judicial Area. In its final part, the paper discusses also some proposals for reform of the rules then contained in the Brussels I Regulation, many of which have found their way in the current rules embodied in Regulation No. 1215/2012 (s.c. Brussels I-bis).

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Why is it important?

This paper, published in the section "Forum" of the Yearbook of Private International Law, presents a synthesis of a more extensive and thorough analysis of the subject carried out by the author in his monograph published in Italian under the title: "Litispendenza e connessione internazionale. Strumenti di coordinamento tra giurisdizioni statali in materia civile", Naples, Jovene Editore, 2008, (Pubblicazioni del Dipartimento di Scienze Giuridiche, Università degli Studi di Roma ‘La Sapienza’, No. 26), pp. xiv-605, ISBN: 88-243-1795-2, which was awarded the Prize of the Association of Alumni and Friends of the Swiss Institute for Comparative Law (AiSDC) for 2010.

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