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RGPD

Article 81

Suspension of proceedings

1.   Where a competent court of a Member State has information on proceedings, concerning the same subject matter as regards processing by the same controller or processor, that are pending in a court in another Member State, it shall contact that court in the other Member State to confirm the existence of such proceedings.

2.   Where proceedings concerning the same subject matter as regards processing of the same controller or processor are pending in a court in another Member State, any competent court other than the court first seized may suspend its proceedings.

3.   Where those proceedings are pending at first instance, any court other than the court first seized may also, on the application of one of the parties, decline jurisdiction if the court first seized has jurisdiction over the actions in question and its law permits the consolidation thereof.

Common Questions

Frequently Asked Questions

When does Article 81 apply?

It applies when court proceedings concerning the same subject matter, as regards processing by the same controller or processor, are pending in courts of more than one Member State at the same time.

In that situation, a competent court that has information on such proceedings in another Member State must contact that other court to confirm the proceedings actually exist.

Does a court have to suspend its proceedings when the same matter is already pending in another Member State?
No, suspension is an option, not an obligation. Any competent court other than the court first seized may suspend its proceedings, but Article 81 leaves that decision to the court.
Can a court decline jurisdiction instead of just suspending the proceedings?
Yes, under specific conditions. Where the proceedings are pending at first instance, any court other than the court first seized may decline jurisdiction, but only on the application of one of the parties, and only if the court first seized has jurisdiction over the actions in question and its law permits their consolidation.
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