Abstract
The purpose of this contribution is an analysis of lis pendence in the Regulation No. 1215/2012 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters (recast) and based on it an assessment of conditions of possible opening this regulation towards third states. The opening of the Brussels system requires a reflection of risks associated with its implementation.
The main purpose of this regime is to prevent of irreconsilable judgements rended by two courts in different states in the same matter. The operation of lis pendence dependens upon four assumptions.
The first assumption concerning the design of the regulations response to parallel proceedings is that the appropriate forum may be sufficiently identified. The second assumption is that there are no relevant differences between the courts of parallel proceedings and irreconcilable judgements in the same matter are a real threat to the stability of the regulation and in particularly to the mutual recognition and enforcement of judgements between Members States.
The forth assumption is that he model of litigation embodied in the Brussels regime adequately secures procedural justice.