CELEX: C2004/118/37
Language: en
Date: 2004-04-30 00:00:00
Title: Judgment of the Court (Full Chamber) of 27 April 2004 in Case C-159/02 (reference for a preliminary ruling from the House of Lords): Gregory Paul Turner v Felix Fareed Ismail Grovit, Harada Ltd and Changepoint SA (Brussels Convention — Proceedings brought in a Contracting State — Proceedings brought in another Contracting State by the defendant in the existing proceedings — Defendant acting in bad faith in order to frustrate the existing proceedings — Compatibility with the Brussels Convention of the grant of an injunction preventing the defendant from continuing the action in another Member State)

30.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 118/21
            
         
      JUDGMENT OF THE COURT
   
   (Full Chamber)
   of 27 April 2004
   in Case C-159/02 (reference for a preliminary ruling from the House of Lords): Gregory Paul Turner v Felix Fareed Ismail Grovit, Harada Ltd and Changepoint SA (1)
   
   (Brussels Convention - Proceedings brought in a Contracting State - Proceedings brought in another Contracting State by the defendant in the existing proceedings - Defendant acting in bad faith in order to frustrate the existing proceedings - Compatibility with the Brussels Convention of the grant of an injunction preventing the defendant from continuing the action in another Member State)
   (2004/C 118/37)
   Language of the case: English
   In Case C-159/02: reference to the Court under the Protocol of 3 June 1971 on the interpretation by the Court of Justice of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters by the House of Lords (United Kingdom) for a preliminary ruling in the proceedings pending before that court between Gregory Paul Turner and Felix Fareed Ismail Grovit, Harada Ltd and Changepoint SA  — on the interpretation of the abovementioned Convention of 27 September 1968 (OJ 1972 L 299, p. 32), as amended by the Convention of 9 October 1978 on the Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland (OJ 1978 L 304, p. 1, and – amended version – p. 77), by the Convention of 25 October 1982 on the Accession of the Hellenic Republic (OJ 1982 L 388, p. 1) and by the Convention of 26 May 1989 on the Accession of the Kingdom of Spain and the Portuguese Republic (OJ 1989 L 285, p. 1) — the Court, composed of: V. Skouris, President, P. Jann (Rapporteur), C.W.A. Timmermans, C. Gulmann, J.N. Cunha Rodrigues and A. Rosas, Presidents of Chambers, A. La Pergola, J.-P. Puissochet, R. Schintgen, N. Colneric and S. von Bahr, Judges; D. Ruiz-Jarabo Colomer, Advocate General; L. Hewlett, Principal Administrator, for the Registrar, has given a judgment on 27 April 2004, in which it has ruled:
   The Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, as amended by the Convention of 9 October 1978 on the accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, by the Convention of 25 October 1982 on the accession of the Hellenic Republic and by the Convention of 26 May 1989 on the accession of the Kingdom of Spain and the Portuguese Republic, is to be interpreted as precluding the grant of an injunction whereby a court of a Contracting State prohibits a party to proceedings pending before it from commencing or continuing legal proceedings before a court of another Contracting State, even where that party is acting in bad faith with a view to frustrating the existing proceedings.
   
      (1)  OJ C 169, 13.7.2002.