Mecklermedia Corpn v DC Congress GmbH

Subject Matter

CONFLICT OF LAWS — Jurisdiction under European Convention — Passing off — Action in England for passing off — Existing action by defendant in Germany against plaintiff's licensee for breach of German trade mark — Whether proceedings in England involving same cause of action and between same parties — Whether German court first seised — Whether English court to stay proceedings or decline jurisdiction — Civil Jurisdiction and Judgments Act 1982, Sch 1 (as substituted by Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 1990), arts 2, 5(3), 21, 22

[1998] Ch 40; [1997] 3 WLR 479