ERICH GASSER G.M.B.H. v. MISAT SRL Case C-116/02

[2004] 1 Lloyd's Rep. 222

EUROPEAN COURT OF JUSTICE

Before Judge V. Skouris, President of the Court Judge P. Jann, President of Chamber Judge C.W.A. Timmermans, President of Chamber Judge C. Gulmann, President of Chamber Judge J.N. Cunha Rodrigues, President of Chamber Judge A. Rosas, Presidents of Chambers Judge D.A.O. Edward Judge A. La Pergola Judge J-P. Puissochet Judge R. Schintgen, (Rapporteur) Judge F. Macken Judge N. Colneric and Judge S. von Bahr

Jurisdiction - Lis pendens - First seised rule - Dispute under contract of sale - Proceedings commenced by buyers in Rome - Proceedings later commenced by sellers in Austria - Sellers arguing that contract contained exclusive jurisdiction clause in favour of Austrian court - Whether Austrian court required to stay proceedings pending determination of jurisdiction by court in Rome - Brussels Convention 1968, arts. 2, 5, 17 and 21.