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Case C-29/16: Judgment of the Court (Second Chamber) of 4 May 2017 (request for a preliminary ruling from the Landgericht Stralsund — Germany) — HanseYachts AG v Port D’Hiver Yachting SARL, Société Maritime Côte D’Azur, Compagnie Generali IARD SA (Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 27 — Lis pendens — Court first seised — Point 1 of Article 30 — Concept of ‘document instituting the proceedings’ or ‘equivalent document’ — Application for proceedings to preserve or establish, prior to any legal proceedings, evidence of facts on which a subsequent action could be based)
ECLI:EU:UNKNOWN:62016CA0029
62016CA0029
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Official Journal of the European Union
C 213/12
(Case C-29/16)(1)
((Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EC) No 44/2001 - Article 27 - Lis pendens - Court first seised - Point 1 of Article 30 - Concept of ‘document instituting the proceedings’ or ‘equivalent document’ - Application for proceedings to preserve or establish, prior to any legal proceedings, evidence of facts on which a subsequent action could be based))
(2017/C 213/12)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: HanseYachts AG
Defendants: Port D’Hiver Yachting SARL, Société Maritime Côte D’Azur, Compagnie Generali IARD SA
Operative part of the judgment
Article 27(1) and point 1 of Article 30 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning, in cases of lis pendens, that the date on which a procedure for a measure of inquiry prior to any legal proceedings was commenced cannot constitute the date on which, within the meaning of point 1 of Article 30 of that regulation, a court called upon to rule on a substantive application which was brought in the same Member State following the result of that measure was ‘deemed to be seised’.
(1)
OJ C 136, 18.4.2016.
* * *
Language of the case: German