Article 12 - Limitation of Proceedings

Summary I. The rationale for the rule under article 12.1 and its precedents II. Location of assets belonging to the estate of the deceased in a third country III. Necessity of having the judgment delivered by a Member State court recognised or enforced in a third country IV. Circumstances in which the court seised must substantiate its views as to the likelihood of a denial of recognition or enforcement in the third country concerned and further grounds for the exercise of discretion A. Exclusive jurisdiction of the courts of the third country where the assets concerned are located B. Other grounds of denial of recognition or enforcement likely to form the subject of a predictive assessment C. Relevance of considerations relating to the availability of the courts of the third country concerned to decide effectively in respect of those assets V. The right of the parties themselves to limit the scope of the proceedings under the lex fori, pursuant to article 12.2