France, Paris (75), Saint-Augustin Church and La Défense at sunset.

Secondly, it had to be raised as a point of law (i.e. in limine litis).

The lawsuit must be decided upon the evidence before you and not upon surmise or conjecture.

This exception should be raised before any defence action regarding the substance and ahead of any other exception.

It should be entered with abandon or not at all”.

All “exceptions de procedure” must be raised at the same time, “in limine litis”, i.e. previous to any other defence.

The existence of an arbitration agreement must be raised by one of the parties prior to any defense on the merits of the case, however.

As a matter of principle, claimants have to present their procedural claim in limine litis, i.e. before any claim is brought on the merits.

All “exceptions de procedure” must be raised at the same time, “in limine litis”, i.e. previous to any other defence.

All “exceptions de procedure” must be raised at the same time, “in limine litis”, i.e. previous to any other defence.

In those circumstances, the result is avoided that substantive defences might be able to be taken into account in one Member State and not in others.

All “exceptions de procedure” must be raised at the same time, “in limine litis”, i.e. previous to any other defence.

All “exceptions de procedure” must be raised at the same time, “in limine litis”, i.e. previous to any other defence.

Accordingly, the first sentence of Article 45(1) of Regulation No 44/2001 precludes the taking into account of such substantive defences.