Articles

"Court Save the Queen:" The European Court of Justice Quashes Another Deeply-Rooted Common Law Remedy in Transnational Parallel Litigation

M. M. WINKLER

Transnational Dispute Management

2009, n°1

Departments: Tax & Law, GREGHEC (CNRS)

http://www.transnational-dispute-management.com/article.asp?key=1399


In the decision rendered on February 10, 2009 in Allianz S.p.A., Assicurazioni Generali S.p.A. v. West Tankers Inc. (Case C-185/07) ("West Tankers"), the European Court of Justice ("ECJ") quashed another procedural remedy which is typical of common law countries only and deeply rooted in such countries' history: the anti-suit injunction. Under such remedy, the court issues an order, directed to one of the parties to the proceedings pending before it, not to begin or continue another proceedings before a foreign court. The lack of performing the order results in heavy sanctions ...


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