Regulation 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...
It was not necessary to add the material to the shelf.
Bibliographic material was successfully added on shelf.
Adding bibliographical material on shelf was not successful.
Material is already on the shelf.
Permalink
URL:
Impact factor
Access to the JCR database is permitted only to users from Slovenia. Your current IP address is not on the list of IP addresses with access permission, and authentication with the relevant AAI accout is required.
Year
Impact factor
Edition
Category
Classification
JCR
SNIP
JCR
SNIP
JCR
SNIP
JCR
SNIP
Select the library membership card:
DRS,
in which the journal is indexed
Database name
Field
Year
Links to authors' personal bibliographies
Links to information on researchers in the SICRIS system
Subject headings in COBISS General List of Subject Headings
Select pickup location
The material from the parent unit is free. If the material is delivered to the pickup location from another unit, the library may charge you for this service.
