Примери за използване на First seised на Английски и техните преводи на Български
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That is the case following the lapse of the proceedings before the court first seised.
That is the case even ifthe proceedings were brought in the first seised courts in breach of a jurisdiction clause(Gasser v MISAT(C-116/02)).
GbR in Italy, and vice versa in Germany as regards a judgment given by the Italian court first seised.
Where the jurisdiction of the court first seised is established, any court other than the court first seised shall decline jurisdiction in favour of that court.
It was for the French court to stay proceedings until the jurisdiction of the English court, the first seised, was established.
Of the fact that the court first seised is situated in a Member State in which proceedings statistically last considerably longer than in the Member State in which the court second seised is situated.
The fourth and final criterion referred to in the seventh question relates to the prospects of success of the action before the court first seised.
In that connection,the Tribunal de commerce held that the High Court of Justice had been first seised and that its jurisdiction had not been contested.
It follows that, even ifthe jurisdiction of the court first seised was established during the first proceedings, the situation of lis pendens no longer exists and, therefore, that jurisdiction is not established.
That is, in my view,the rationale for the obligation imposed on the court second seised to stay its proceedings until the jurisdiction of the court first seised has been established.
In order to determine when a court is deemed to be seised andthereby establish which is the court first seised, it is necessary to refer to Article 16 of that regulation, entitled‘Seising of a Court'.
The current mechanism is reversed, since the court second seised is, on the contrary,required to stay its proceedings‘until such time as the jurisdiction of the court first seised is established'.
It refers to extreme situations in which the activity of the court first seised might be suspended, for instance, as a result of war or natural disasters whose effects persist for a long time and prevent the continued administration of justice.
Pursuant to Article 28(1),‘[w]here related actions are pending in the courts of different Member States,any court other than the court first seised may stay its proceedings'.
The court first seised, before which the same applications between the same parties are still pending,(38) must rule on an incidental claim for recognition of the final judgment delivered by the court second seised. .
The clear implication of this rule is that the court designated in an exclusive jurisdiction clause can continue to hear a claim without waiting for the court first seised to stay its proceedings.
It is apparent from the national file that the referring court considers that it is undeniable that the High Court of Justice was first seised and that the conditions relating to the same parties and subject-matter of the disputes are satisfied in the present case.
Accordingly, application of the provisions relating to lis pendens is not without difficulty, since lis pendens is,in my view, actually an advance form of the force of res judicata of the judgment which the court first seised would have to give.
(46) Moreover, pursuant to Articles 35(1) and 45(1) of that regulation,it is clear that any judgment given by the court first seised which is contrary to the rule of jurisdiction laid down by Article 22(1) will be neither recognised nor enforced in the other Member States.
Where that jurisdiction is deemed to be established under the rulesin Article 3 of Regulation No 2201/2003, the court second seised is to decline jurisdiction in favour of the court first seised, in accordance with Article 19(3) of that regulation.
It follows that, in a situation such as that at issue in the main proceedings, if the court first seised gives a judgment which fails to take account of Article 22(1) of Regulation No 44/2001, that judgment cannot be recognised in the Member State in which the court second seised is situated.
Without prejudice to Article 66, where the opening of group coordination proceedings is requested before courts of different Member States,any court other than the court first seised shall decline jurisdiction in favour of that court.
Such a risk does not arise where, as in the case in the main proceedings, the court first seised has not declined jurisdiction of its own motion and none of the parties has contested its jurisdiction prior to or up to the time when a position is adopted which is regarded under national procedural law as the first defence.
I would point out that in this case,the issue arises only with regard to the first head of claims submitted to the Italian court first seised in conjunction with the proceedings brought before the German court second seised. .
That mechanism, which‘is based on the chronological order in which the courts are seised',(19)means that the court second seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.
Where proceedings involving the same cause of action and between the same parties are brought in the courts of different Member States,any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.
In addition, the implementation of the obligation to stay its proceedings under Article 27(1) of Regulation No 44/2001 cannot require the court second seised to acquaint itself with the specific features of the rules of civil law orcivil procedure applicable in the Member State of the court first seised.
In such circumstances and where the parties are the same,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, A, C‑489/14, EU: C: 2015:654, paragraphs 33 and 34).
Where the court first seised has not declined jurisdiction of its own motion and no objection of lack of jurisdiction has been raised before it, 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.
Next, as the French Government and the European Commission rightly observed, Regulation No 44/2001 does not set out in what circumstances the jurisdiction of the court first seised must be regarded as‘established' within the meaning of Article 27 thereof.