Litispendencia, reconocimiento y orden públicoComentario breve a la Sentencia del Tribunal de Justicia de 16 de enero de 2019, Asunto C-386/17: Liberato

Abstract

In its Judgment of 16 January 2019 (in Case C-386/17) the European Court of Justice ruled that the rules of lis pendens in Article 27 of Council Regulation (EC) N.o 44/2001 and Article 19 of Council Regulation (EC) N.o 2201/2003 had to be interpreted as meaning that where, in a dispute in matrimonial matters, parental responsibility or maintenance obligations, the court second seized, in breach of those rules, delivers a judgment which becomes final, those articles preclude the courts of the Member State in which the court first seized is situated from refusing to recognize that judgment solely for that reason. In particular, that breach cannot, in itself, justify non-recognition of a judgment on the ground that it is manifestly contrary to public policy in that Member State.This comment basically agrees with the ECJ, though pointing out some weakness or not completely right arguments in its reasoning