Turner V. Grovit Notes

Turner v. Grovit

Court of Justice for the European Communities

Facts

In the House of Lords decision.

Holding

English Court cannot review the appropriateness of the jurisdiction exercised by another member state

24. At the outset, it must be borne in mind that the Convention is necessarily based on the trust which the Contracting States accord to one another’s legal systems and judicial institutions… It is inherent in that principle of mutual trust that, within the scope of the Convention, the rules on jurisdiction that it lays down, which are common to all the courts of the Contracting States, may be interpreted and applied with the same authority by each of them… the Convention does not permit the jurisdiction of a court to be reviewed by a court in another Contracting State.

27. However, a prohibition imposed by a court, backed by a penalty, restraining a party from commencing or continuing proceedings before a foreign court undermines the latter court’s jurisdiction to determine the dispute. Any injunction prohibiting a claimant from bringing such an action must be seen as constituting interference with the jurisdiction of the foreign court which, as such, is incompatible with the system of the Convention.

Interference with the Exercise of Jurisdiction by a member state’s Court

… such interference cannot be justified by the fact that it is only indirect and is intended to prevent an abuse of process by the defendant in the proceedings in the forum State. In so far as the conduct for which the defendant is criticised consists in recourse to the jurisdiction of the court of another Member State, the judgment made as to the abusive nature of that conduct implies an assessment of the appropriateness of bringing proceedings before a court of another Member State. Such an assessment runs counter to the principle of mutual trust which, as pointed out in paragraphs 24 to 26 of this judgment, underpins the Convention and prohibits a court, except in special circumstances which are not applicable in this case, from reviewing the jurisdiction of the court of another Member State.

Characterising the injunction as a procedural remedy does not save it

29. Even if it were assumed, as has been contended, that an injunction could be regarded as a...

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