Kernrechtsfrage
Whether the Zug proceedings had to be stayed under Art. 21 LugÜ because of prior proceedings in Milan
Extrahierter Entscheid
No. The Swiss court was first seised for purposes of Art. 21 LugÜ because the appellants' Milan filing was abusive and could not defeat priority.
Extrahierte Begründung
Priority under Art. 21 LugÜ follows the first valid seising act under the applicable national procedural law. The lower court's finding that the appellants sought an adjournment in Zug solely to enable earlier filing in Milan was binding and justified treating their conduct as abusive. The respondent must be placed as if he had pursued the Zug claim in time.