Turner v. Grovit
Citation and Court
[2001] UKHL 65 (House of Lords); Case C-159/02, [2004] ECR I-3565 (Court of Justice of the EU)
Facts
Turner, an English employee, was wrongfully dismissed and brought proceedings in English employment tribunals. His employer subsequently initiated parallel proceedings against him in Spain, which Turner alleged were brought in bad faith to harass him and undermine the English proceedings. Turner sought an anti-suit injunction from English courts restraining the Spanish proceedings.
Issue
Whether an English court may issue an anti-suit injunction restraining a party from pursuing proceedings in another EU Member State, and whether such an injunction is compatible with the Brussels Regulation.
Holding
The House of Lords initially upheld the anti-suit injunction, but the ECJ subsequently held that such injunctions are incompatible with the Brussels Regulation because they interfere with another Member State court’s power to determine its own jurisdiction.
Rule / Doctrine
Anti-suit injunctions issued by the courts of one EU Member State to restrain proceedings in another Member State are incompatible with the Brussels Regulation’s system of mutual trust between courts. Each court must be free to determine its own jurisdiction without interference from courts of another Member State.
Significance
Turner v. Grovit is the leading case establishing that anti-suit injunctions cannot be used within the EU to restrain proceedings in other Member States, reflecting the EU’s commitment to mutual trust in the Brussels Regulation system and creating a major divergence from the approach in English common law and U.S. courts.