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Torpedo litigations under regulation 44/2001Knez, RajkoRegulation 44/2001 deals with the lis pendens rule strictly. The first-come, first serve rule is among most basic rules of Regulation. It enables parties to foresee the developments of the court ... procedure and to avoid the irreconcilable judgements. However, the lis pendens rule can also be misused with an action for negative declaration field before the overloaded court (heavy docket) where procedure is slow. This enables party to byu some some time while the other party cannot seek parallel court protection. This innovation by advocates blocks further proceedings and has been named 'torpedo litigations'. The torpedoing can be indeed bitterly for the party who thinks that the other party violates the contract, but the latter rushes to the court first (race to courts) and ask the court to decide the case. Article is analysing one such case as dealt with the ECJ. It focuses on issueshow to deal once the torpedo litigation is launched. it is indeed not onthe court to take into account interests of the parties (iudex non calculate), but it is the defendant before the court first seised who is without appropriate court protection and basically faced with a sort of a denial of justice...Source: Revija za evropsko pravo. - ISSN 1450-7986 (Letn. 7, št. 2/3, 2005, str. [17]-31)Type of material - article, component part ; adult, seriousPublish date - 2005Language - englishCOBISS.SI-ID - 3579691
Author
Knez, Rajko
Topics
evropsko pravo |
pravo EU |
evropske direktive |
civilni postopek |
torpedo postopek |
ne bis in idem
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Knez, Rajko | 14452 |
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