1. Private International Law
Academic Year 2018/2019
Pietro Franzina –

2. Parallel litigation Lis pendens intra-European: Article 29
arises where proceedings between the same parties and on the same dispute…
… are pending before the courts of two MSs
may result in conflicting judgments and in a failure to ensure procedural economy
the court second seised must stay the proceedings before it
if the first seised asserts its jurisdiction, the second seised declines its jurisdiction
extra-European: Article 33
… have been brought first in a non-MS and then in a MS
the MS court can stay the proceedings provided that:
the stay is necessary for the proper administration of justice
the judgment that the non-MS is expected to render qualifies for recognition

3. Applicable law Conflict-of-law rules Regulation No 593/2008 (Rome I)
identify the legal system whose general and abstract rules apply to the matter
traditionally consist of two elements
the description of the kind of relationship and/or set of issues concerned
a connecting factor, i.e., a circumstance used to identify the ‘seat’ of the relationship
some examples: “the law applicable to the succession … shall be the law of the State in which the deceased had his habitual residence at the time of death”; “the law applicable to a non-contractual obligation arising out of a tort/delict shall be the law of the country in which the damage occurs”
come from different sources
national legislation (or case law), international conventions, EU legislation
Regulation No 593/2008 (Rome I)
replaces the Rome Convention of 1980
material scope: “contractual obligations”; personal scope: no limits;
universal character