State of affairs

Following the landmark decision of the European Court of Justice (ECJ) in West Tankers (Allianz SpA v West Tankers Inc C-185/07 [2009] (10 February 2009), the Court of Appeal has confirmed in its decision in National Navigation Co v Endesa Generacion SA [2009] EWCA Civ 1397, [2009] All ER (D) 179 (Dec) (21 December 2009) that a judgment given in EU member state court proceedings in which the subject matter falls within the Brussels Regulation (Regulation 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters) may be recognised in court proceedings in another member state, regardless of whether the latter proceedings fall outside the scope of the Brussels Regulation.

In the West Tankers decision the ECJ held that where a party brings court proceedings in an EU member state in breach of an arbitration agreement and the court determines that it has jurisdiction under the Regulation because the