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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.

Understanding This Article

Enables courts in different Member States to coordinate when handling related data protection cases involving the same controller or processor.

Key Points

  • Courts must contact each other when parallel proceedings exist
  • Later-seized courts may suspend proceedings
  • Courts may decline jurisdiction in favor of first-seized court
  • Prevents contradictory judgments and forum shopping
  • Applies only to same controller/processor and same subject matter
  • Promotes judicial economy and consistent outcomes

Practical Application

Article 81 applications vary based on specific circumstances.