Brussels Regulation ppt

Information about Brussels Regulation ppt

Published on October 31, 2007

Author: Cuthbert

Source: authorstream.com

Content

The Brussels Regulation:  The Brussels Regulation Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters Official Journal L 12, 16/01/2001 p. 1 Private Law in The European Union:  Private Law in The European Union 1957: Treaty of Rome creating the European Economic Community: Belgium, France, Germany, Italy, Luxemburg, & The Netherlands 1971: Denmark, UK & Ireland 1980: Greece 1984: Spain & Portugal 1995: Sweden, Finland & Austria 2004: Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovak Republic, & Slovenia 2007: Bulgaria & Romania The European Community Treaty 1957:  The European Community Treaty 1957 Article 293 (ex Article 220) Member States shall, so far as is necessary, enter into negotiations with each other with a view to securing for the benefit of their nationals: . . . . – the simplification of formalities governing the reciprocal recognition and enforcement of judgments of courts or tribunals and of arbitration awards. The Brussels Convention:  The Brussels Convention Completed in 1968 -- applied to new Member States as admitted Narrower than Art. 220: did not apply to arbitration awards; limited to civil and commercial matters Broader than Art. 220: as a “double convention,” it included rules of direct jurisdiction The European Community Treaty (After the Treaty of Amsterdam):  The European Community Treaty (After the Treaty of Amsterdam) Article 61 (ex Article 73i) In order to establish progressively an area of freedom, security and justice, the Council shall adopt: . . . . (c) measures in the field of judicial cooperation in civil matters as provided for in Article 65; The European Community Treaty (After the Treaty of Amsterdam):  The European Community Treaty (After the Treaty of Amsterdam) Article 65 (ex Article 73m) Measures in the field of judicial cooperation in civil matters having cross-border implications, to be taken in accordance with Article 67 and insofar as necessary for the proper functioning of the internal market, shall include: (a) improving and simplifying: the system for cross-border service of judicial and extrajudicial documents; cooperation in the taking of evidence; the recognition and enforcement of decisions in civil and commercial cases, including decisions in extrajudicial cases; (b) promoting the compatibility of the rules applicable in the Member States concerning the conflict of laws and of jurisdiction; (c) eliminating obstacles to the good functioning of civil proceedings, if necessary by promoting the compatibility of the rules on civil procedure applicable in the Member States. Article 65 Regulations:  Article 65 Regulations Regulation (EC) No 1346/2000. Council regulation of 29 May 2000 relating to insolvency proceedings. Official Journal L 160, 30/6/2000 Council Regulation (EC) N 1348/2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters. Official Journal L 160, 30/06/2000 p. 37 - 52 Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters. Official Journal L 174, 27/06/2001 p. 0001 – 0024 Article 65 Regulations:  Article 65 Regulations Brussels II: Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses. Official Journal L 160, 30/06/2000 p. 0019 – 0029 Brussels I: Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Official Journal L 012, 16/01/2001 p. 0001 – 0023 Related Instruments (part of the acquis communautaire):  Related Instruments (part of the acquis communautaire) Lugano Convention. Convention on jurisdiction and the enforcement of judgments in civil and commercial matters. Rome I Convention: Convention on the law applicable to contractual obligations (consolidated version). Official Journal C 27, 26/01/1998 p. 34 – 54 Rome II Convention: Convention on the law applicable to non-contractual obligations The Brussels Regulation:  The Brussels Regulation CHAPTER II JURISDICTION Section 1 General provisions Article 2 1. Subject to this Regulation, persons domiciled in a Member State shall, whatever their nationality, be sued in the courts of that Member State. 2. Persons who are not nationals of the Member State in which they are domiciled shall be governed by the rules of jurisdiction applicable to nationals of that State. The Brussels Regulation:  The Brussels Regulation Section 2 Special jurisdiction Article 5 A person domiciled in a Member State may, in another Member State, be sued: 1. (a) in matters relating to a contract, in the courts for the place of performance of the obligation in question; (b) for the purpose of this provision and unless otherwise agreed, the place of performance of the obligation in question shall be: - in the case of the sale of goods, the place in a Member State where, under the contract, the goods were delivered or should have been delivered, - in the case of the provision of services, the place in a Member State where, under the contract, the services were provided or should have been provided, (c) if subparagraph (b) does not apply then subparagraph (a) applies; The Brussels Regulation:  The Brussels Regulation Section 2 Special jurisdiction Article 5 A person domiciled in a Member State may, in another Member State, be sued: . . . . . 3. in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur; The Brussels Regulation:  The Brussels Regulation Section 2 Special jurisdiction Article 5 A person domiciled in a Member State may, in another Member State, be sued: . . . . . 5. as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated; The Brussels Regulation:  The Brussels Regulation Special Rules on -Insurance, articles 8-14 -Consumer contracts, articles 15-17 -Individual contracts of employment, articles 18-21 -Exclusive Jurisdiction, article 22 The Brussels Regulation:  The Brussels Regulation Section 7 Prorogation of jurisdiction Article 23 1. If the parties, one or more of whom is domiciled in a Member State, have agreed that a court or the courts of a Member State are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court or those courts shall have jurisdiction. Such jurisdiction shall be exclusive unless the parties have agreed otherwise. The Brussels Regulation:  The Brussels Regulation Article 23(1) (cont.) Such an agreement conferring jurisdiction shall be either: (a) in writing or evidenced in writing; or (b) in a form which accords with practices which the parties have established between themselves; or (c) in international trade or commerce, in a form which accords with a usage of which the parties are or ought to have been aware and which in such trade or commerce is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade or commerce concerned. The Brussels Regulation:  The Brussels Regulation Article 24 Apart from jurisdiction derived from other provisions of this Regulation, a court of a Member State before which a defendant enters an appearance shall have jurisdiction. This rule shall not apply where appearance was entered to contest the jurisdiction, or where another court has exclusive jurisdiction by virtue of Article 22. The Brussels Regulation:  The Brussels Regulation Article 3 1. Persons domiciled in a Member State may be sued in the courts of another Member State only by virtue of the rules set out in Sections 2 to 7 of this Chapter. 2. In particular the rules of national jurisdiction set out in Annex I shall not be applicable as against them. The Brussels Regulation:  The Brussels Regulation Article 4 1. If the defendant is not domiciled in a Member State, the jurisdiction of the courts of each Member State shall, subject to Articles 22 and 23, be determined by the law of that Member State. 2. As against such a defendant, any person domiciled in a Member State may, whatever his nationality, avail himself in that State of the rules of jurisdiction there in force, and in particular those specified in Annex I, in the same way as the nationals of that State. The Brussels Regulation:  The Brussels Regulation Article 6 A person domiciled in a Member State may also be sued: 1. where he is one of a number of defendants, in the courts for the place where any one of them is domiciled, provided the claims are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings; The Brussels Regulation:  The Brussels Regulation Analyzing a case: Is there exclusive jurisdiction? (22) Is the defendant’s domicile in the EU? (3) Is the case an insurance (8-14), consumer contract (15-17), or employment contract case? (18-21) Is there a prorogation clause? (23/13/17/21) The Brussels Regulation:  The Brussels Regulation If none of the above, at the plaintiff’s option, apply --Article 2, suit at defendant’s domicile --Article 5, rules of special jurisdiction --Article 6, rules for multiple defendants

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