Cuestiones problemáticas en torno a la litispendencia en el Reglamento (UE) 2201/2003 en el ámbito de las crisis familiares

Abstract

This paper analyzes the problems in the application of Regulation (EU) Brussels 2201/2003 in the field of family crises. In particular, based on the analysis of the judicial competence of the Member States, it focuses on the judicial practice of the cases in which the procedural exemption of lis pendens arises. It also considers cases in which the CJEU has intervened to interpret Article 19 of the Regulation and the elements that condition its operation: the prior tempore rule and the assessment of the moment of filing the claim; link claims; the so-called procedural inaction and the role played by provisional or protectives measures in the assessment of lis pendens. Finally, it is proposed to introduce some modifications for a future reform of the Regulation