The Law Reports (Chancery Division)
[2015] Ch 140
Court of Justice of the European Union
Weber
v
Weber
(Case C‑438/12)
EU:C:2014:43
EU:C:2014:212
2013 Oct 9;
2014 Jan 30;
April 3
President of Chamber M Ilešič,Judges CG Fernlund, A Ó Caoimh, C Toader, E JarašiūnasAdvocate General N Jääskinen
Conflict of laws— Jurisdiction under Council Regulation— Exclusive jurisdiction— Dispute in proceedings having as object right in rem in immovable property— Claimant having right of pre-emption over defendant’s share in property situated in first member state— Third party bringing action in second member state seeking declaration that exercise of right of pre-emption invalid— Claimant bringing subsequent action in first member state in reliance on right of pre-emption— Whether court in first member state having exclusive jurisdiction— Whether court with exclusive jurisdiction required to stay proceedings or decline jurisdiction according to lis pendens rule—
Council Regulation (EC) No 44/2001, arts 22(1), 27(1), 35(1)
This content is available only to subscribers. If you have a subscription to this content, please log in.
If not, you can subscribe online, request a free trial, or contact ICLR by email at enquiries@iclr.co.uk or on +44 (0) 207 242 6471 to discuss further options.
JOHs should sign in via eLIS.
If not, you can subscribe online, request a free trial, or contact ICLR by email at enquiries@iclr.co.uk or on +44 (0) 207 242 6471 to discuss further options.
JOHs should sign in via eLIS.