ARRIVED AT BY A RAPPROCHEMENT OF THE VARIOUS RELEVANT NATIONAL PROVISIONS . A FORTIORI , THEREFORE , IT IS NOT POSSIBLE TO EXTEND TO ALL THE CONTRACTING PARTIES , AS IS PROPOSED BY THE PLAINTIFF IN THE MAIN ACTION , A CONCEPT WHICH IS PECULIAR TO GERMAN LAW AND WHICH , BECAUSE OF ITS CHARACTERISTICS , CANNOT BE TRANSPOSED TO THE OTHER LEGAL SYSTEMS CONCERNED .
14 IT MAY PROPERLY BE INFERRED FROM ARTICLE 21 , READ AS A WHOLE , THAT A COURT ' S OBLIGATION TO DECLINE JURISDICTION IN FAVOUR OF ANOTHER COURT ONLY COMES INTO EXISTENCE IF IT IS ESTABLISHED THAT PROCEEDINGS HAVE BEEN DEFINITIVELY BROUGHT BEFORE A COURT IN ANOTHER STATE INVOLVING THE SAME CAUSE OF ACTION AND BETWEEN THE SAME PARTIES . BEYOND THAT , ARTICLE 21 GIVES NO INDICATION OF THE NATURE OF THE PROCEDURAL FORMALITIES WHICH MUST BE TAKEN INTO ACCOUNT FOR THE PURPOSES OF CONSIDERING WHETHER OR NOT TO RECOGNIZE THE EXISTENCE OF SUCH AN EFFECT . IN PARTICULAR , IT GIVES NO INDICATION AS TO THE ANSWER TO THE QUESTION WHETHER A LIS PENDENS COMES INTO BEING UPON THE RECEIPT BY A COURT OF AN APPLICATION OR UPON SERVICE OR NOTIFICAITON OF THAT APPLICATION ON OR TO THE PARTY CONCERNED .
15 SINCE THE OBJECT OF THE CONVENTION IS NOT TO UNIFY THOSE FORMALITIES , WHICH ARE CLOSELY LINKED TO THE ORGANIZATION OF JUDICIAL PROCEDURE IN THE VARIOUS STATES , THE QUESTION AS TO THE MOMENT AT WHICH THE CONDITIONS FOR DEFINITIVE SEISIN FOR THE PURPOSES OF ARTICLE 21 ARE MET MUST BE APPRAISED AND RESOLVED , IN THE CASE OF EACH COURT , ACCORDING TO THE RULES OF ITS OWN NATIONAL LAW . THAT METHOD ALLOWS EACH COURT TO ESTABLISH WITH A SUFFICIENT DEGREE OF CERTAINTY , BY REFERENCE TO ITS OWN NATIONAL LAW , AS REGARDS ITSELF , AND BY REFERENCE TO THE NATIONAL LAW OF ANY OTHER COURT WHICH HAS BEEN SEISED , AS REGARDS THAT COURT , THE ORDER OR PRIORITY IN TIME OF SEVERAL ACTIONS BROUGHT WITHIN THE CONDITIONS LAID DOWN BY THE CONVENTION .
16 THE ANSWER TO THE QUESTION RAISED BY THE OBERLANDESGERICHT MUNCHEN IS THEREFORE THAT ARTICLE 21 OF THE CONVENTION MUST BE INTERPRETED AS MEANING THAT THE COURT ' ' FIRST SEISED ' ' IS THE ONE BEFORE WHICH THE REQUIREMENTS FOR PROCEEDINGS TO BECOME DEFINITIVELY PENDING ARE FIRST FULFILLED , SUCH REQUIREMENTS TO BE DETERMINED IN ACCORDANCE WITH THE NATIONAL LAW OF EACH OF THE COURTS CONCERNED .
Decision on costs
COSTS
17 THE COSTS INCURRED BY THE ITALIAN GOVERNMENT AND BY THE COMMISSION , WHICH SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , THE DECISION AS TO COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ( FOURTH