1. Introduction – 2. The Brussels I Regulation – 3. The Brussels I bis Regulation – 4. The so called “Italian torpedo” – 5. Conclusion
This article outlines one of the key changes introduced by the Brussels I bis Regulation regarding the lis pendens provisions and provides an analysis of the impact this change may have on commercial parties litigating before EU national courts.
2. The Brussels I Regulation
The most important jurisdictional instrument in the sphere of private international law within the EU is the Regulation No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, which is commonly referred to as the Brussels I Regulation.