Lis pendens in the context of brussels regulation

This study has been drawn up in order to analyze lis pendens in the context of ?Council Regulation (EC) No 44/2001 of 22 December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters? (Brussels Regulation), which is based as one of the fundamental achievements of the studies to unify the European Civil Procedural Law on Article 220 of Treaties of Rome establishing the European Economic Community.In the first part of the thesis, the concepts of lis pendens, lis pendens in domestic law and foreign lis pendens are studied and doctrinaire debates about lis pendens is dealt with. The second part handles regulations related to provisions on lis pendens within private and commercial law in the EU Law. Those regulations are ?Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters?, ?Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters? and Brussels Regulation, respectively. In the third part of the thesis, main provisions on lis pendens in the Brussels Regulation and how lis pendens in the Regulation finds common ground in the implementation process is discussed by summarizing certain cases about lis pendens in the Regulation through the decisions of European Court of Justice (ECJ).Lis pendens specified in Brussels Regulation, which is one of the most significant milestones of studies aimed at unifying Procedural Law of the EU, has been strengthened through interpretations of the ECJ and then, ambiguities in law have been minimized. Thanks to this, mutual trust augmented among member states of the Community and the risk of adopting conflicting decisions diminished. In this way, an important step for achieving Judicial Cooperation in Civil Matters and Private International and for free movement of court decisions has been taken by lessening the probability of adopting conflicting court decisions for recognition and enforcement of court decisions that is decreed by courts of different member states.