Opinion of the Advocate General — ECLI:EU:C:2018:670
Date: 2018-09-06
Language of the case: Italian
Subject matter: Area of freedom, security and justice;Judicial cooperation in civil matters
Procedure: Reference for a preliminary ruling
Origin: Italy

Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 27 June 2017 — Stefano Liberato v Luminita Luisa Grigorescu (Case C-386/17) Language of the case: Italian Referring court Corte suprema di cassazione Parties to the main proceedings Appellant: Stefano Liberato Respondent: Luminita Luisa Grigorescu Questions referred 1. Does an infringement of the rules on lis pendens contained in Article 19(2) and (3) of Regulation No 2201/2003 1 affect only the determination of jurisdiction, with the consequent application of Article 24 of Regulation No 2201/2003 or, on the contrary, may it constitute a ground for withholding recognition, in the Member State whose court has been seised first, of a judicial ruling made in the Member State whose court has been seised at a later stage, in the light of procedural public policy, having regard to the fact that Article 24 of Regulation No 2201/2003 refers only to the rules determining jurisdiction contained in Articles 3 to 14 of that regulation and not to the subsequent Article 19 thereof? 2. Does the interpretation of Article 19 of Regulation No 2201/2003, seen only as a test for the conferral of jurisdiction, conflict with the EU-law concept of lis pendens and with the function and purpose of that provision, which is intended to lay down a set of binding rules, reflecting procedural public policy, thereby guaranteeing the creation of a common area characterised by reciprocal procedural trust and fairness between the Member States, within which the automatic recognition and free movement of judicial decisions may operate? ____________ 1 Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ 2003 L 338, p. 1).