Summary
Pursuant to Article 27 of Regulation (EC) No 44/2001, in case of international lis pendens the court subsequently seised shall stay proceedings and decline jurisdiction after the jurisdiction of the court first seised is finally established. Said provision implies a sort of temporary lack of jurisdiction, since it is substantially aimed at depriving the court subsequently seised of its authority to adjudicate the case for the period necessary to establish whether the court first seised has jurisdiction. Accordingly, an appeal for a preliminary ruling on jurisdiction pursuant to Article 41 of the Code of Civil Procedure can be made before the Supreme Court of Cassation if the lower court did not stay its proceedings, for the purpose of obtaining the stay of the same. Pursuant to Article 27 of Regulation (EC) No 44/2001, lis pendens exists between the proceedings for payment of damages previously initiated in Germany and the proceedings for negative declaratory relief subsequently brought in Italy, even if a sham company – which has been incorporated ad hoc in Italy to initiate the proceedings there and implement a delaying strategy – is a party to the Italian proceedings in addition to the parties to the German proceedings.