Judgment_paragraph 44 · Cartier parfums — lunettes SAS and Axa Corporate Solutions assurances SA v Ziegler France SA and Others (C-1/13)

44Accordingly, it must be held that it is clear both from the overall scheme and the purpose of Regulation No 44/2001 that, in order for the jurisdiction of the court first seised to be established within the meaning of Article 27(2) thereof, it is sufficient, where the court second seised does not have exclusive jurisdiction under that regulation, that the court first seised has not declined jurisdiction of its own motion and that none of the parties has contested that jurisdiction before or up to the time at which a position is adopted which is regarded by national procedural law as being the first defence.