Article 32 – Time Seised
Section: Chapter II - Jurisdiction - Section 9 Lis Pendens
Category: Lis Pendens
Content
1. For the purposes of this Section, a court shall be deemed to be seised:
(a) at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the claimant has not subsequently failed to take the steps he was required to take to have service effected on the defendant; or
(b) if the document has to be served before being lodged with the court, at the time when it is received by the authority responsible for service, provided that the claimant has not subsequently failed to take the steps he was required to take to have the document lodged with the court.
The authority responsible for service referred to in point (b) shall be the first authority receiving the documents to be served.
2. The court, or the authority responsible for service, referred to in paragraph 1, shall note, respectively, the date of the lodging of the document instituting the proceedings or the equivalent document, or the date of receipt of the documents to be served.
Related Topics
- Seised
- Time
- Lodging
- Service
Related Cases
- UPC_CoA_30/2024 – Fives v Reel
- UPC_CoA_118/2026; UPC_CoA_119/2026; UPC_CoA_120/2026 – Dolby/Vectis v Acer
- UPC_CoA_4/2026; UPC_ CoA_13/2026 – Valeo v Robert Bosch
- UPC_CoA_904/2025; UPC_CoA_905/2025 – Vivo v Sun Patent Trust
- UPC_CFI_575/2025 – Honeywell v Sovex
- UPC_CFI_755/2025; UPC_CFI_757/2025 – Sun v Vivo
- UPC_CoA_288/2025; UPC_CoA_290/2025; UPC_CoA_291/2025 – Roku v Sun/Dolby
- UPC_CFI_628/2025 – CNRS v EPO