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Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast)
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There are currently no known outstanding effects for the Regulation (EU) No 1215/2012 of the European Parliament and of the Council, Article 34.
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1.Where jurisdiction is based on Article 4 or on Articles 7, 8 or 9 and an action is pending before a court of a third State at the time when a court in a Member State is seised of an action which is related to the action in the court of the third State, the court of the Member State may stay the proceedings if:
(a)it is expedient to hear and determine the related actions together to avoid the risk of irreconcilable judgments resulting from separate proceedings;
(b)it is expected that the court of the third State will give a judgment capable of recognition and, where applicable, of enforcement in that Member State; and
(c)the court of the Member State is satisfied that a stay is necessary for the proper administration of justice.
2.The court of the Member State may continue the proceedings at any time if:
(a)it appears to the court of the Member State that there is no longer a risk of irreconcilable judgments;
(b)the proceedings in the court of the third State are themselves stayed or discontinued;
(c)it appears to the court of the Member State that the proceedings in the court of the third State are unlikely to be concluded within a reasonable time; or
(d)the continuation of the proceedings is required for the proper administration of justice.
3.The court of the Member State may dismiss the proceedings if the proceedings in the court of the third State are concluded and have resulted in a judgment capable of recognition and, where applicable, of enforcement in that Member State.
4.The court of the Member State shall apply this Article on the application of one of the parties or, where possible under national law, of its own motion.
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