9.10.2017

EN

Official Journal of the European Union

C 338/3

(Case C-386/17)

(2017/C 338/03)

Language of the case: Italian

Referring court

Parties to the main proceedings

Appellant: Stefano Liberato

Respondent: Luminita Luisa Grigorescu

Questions referred

1.Does an infringement of the rules on lis pendens contained in Article 19(2) and (3) of Regulation No 2201/2003 (1) affect only the determination of jurisdiction, with the consequent application of Article 24 of Regulation No 2201/2003 or, on the contrary, may it constitute a ground for withholding recognition, in the Member State whose court has been seised first, of a judicial ruling made in the Member State whose court has been seised at a later stage, in the light of procedural public policy, having regard to the fact that Article 24 of Regulation No 2201/2003 refers only to the rules determining jurisdiction contained in Articles 3 to 14 of that regulation and not to the subsequent Article 19 thereof?

2.Does the interpretation of Article 19 of Regulation No 2201/2003, seen only as a test for the conferral of jurisdiction, conflict with the EU-law concept of lis pendens and with the function and purpose of that provision, which is intended to lay down a set of binding rules, reflecting procedural public policy, thereby guaranteeing the creation of a common area characterised by reciprocal procedural trust and fairness between the Member States, within which the automatic recognition and free movement of judicial decisions may operate?

Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ 2003 L 338, p. 1).