Article published - Quasi anti-suit injunctions: unenforceable in the EU on grounds of public policy

The Court of Justice of the European Union has held that an English High Court judgment awarding damages against a party that breached an exclusive English jurisdiction clause by suing in Greece was a “quasi anti-suit injunction” and therefore incompatible with EU public policy. The CJEU's decision paves the way for the Greek courts to refuse to enforce the judgment under the recast Brussels Regulation (which applies in the case as the proceedings were commenced before the end of the Brexit transition period).

Ajay Malhotra, Maura McIntosh and Gillian Dobby have published an article in PLC Magazine which considers the decision and its implications, including for cases where the English judgment falls outside the Brussels regime. CLICK HERE to read the article.

(This article first appeared in the November 2023 issue of PLC Magazine”: https://uk.practicallaw.thomsonreuters.com/Browse/Home/Resources/PLCMagazine.)