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Opinion of Advocate General Szpunar – Case C 467/16 – 18 October 2017 – Brigitte Schlömp v. Landratsamt Schwäbisch Hall – Lugano II Convention – Articles 27 and 30 – Lis pendens – Concept of ‘court’

The Advocate General Szpunar, in the Case C-467/16 (Brigitte Schlömp v. Landratsamt Schwäbisch Hall) delivered on 18 October 2017 the following Opinion on Articles 27 and 30 of Lugano II Convention:

  • In the light of the foregoing considerations, I propose to answer the question of the Amtsgericht Stuttgart (Local Court, Stuttgart, Germany) as follows:
  • In a situation such as that in the main proceedings, where a conciliation procedure is an obligatory step which has to be followed before a case can be brought before a court and where a conciliation procedure and an ensuing procedure before a court are considered as comprising two separate parts of the judicial procedure, a court has been seised under Articles 27 and 30 of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, signed on 30 October 2007, which was approved on behalf of the Community by Council Decision 2009/430/EC of 27 November 2008, at the moment the conciliation authority is seised, provided that the plaintiff has undertaken all necessary steps incumbent on him to continue the procedure before a court.

Full text of the Opinion

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