The Brussels Regulation

1
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

2
Private Law inThe European Union

• 1957 Treaty of Rome creating the European
  Economic Community Belgium, France, Germany,
  Italy, Luxemburg, 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

3
The European Community Treaty1957

• 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.

4
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

5
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

6
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.

7
Article 65 Regulations

• 1) Regulation (EC) No 1346/2000. Council
  regulation of 29 May 2000 relating to insolvency
  proceedings
• 2) Council Regulation (EC) N 1348/2000 on the
  service in the Member States of judicial and
  extrajudicial documents in civil or commercial
  matters

8
Article 65 Regulations

• 3) 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
• 4) 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

9
Article 65 Regulations

• 5) Council Regulation 743/2002 of 25 April 2002,
  Establishing a General Community Framework of
  Activities to Facilitate the Implementation of
  Judicial Cooperation in Civil Matters
• 6) Council Regulation 2201/2003 of 27 November
  2003, concerning jurisdiction and the recognition
  and enforcement of judgments in matrimonial
  matters and the matters of parental
  responsibility

10
Article 65 Regulations

• 7) Regulation 805/2004 of the European Parliament
  and of the Council of 21 April 2004 creating a
  European Enforcement Order for uncontested claims
• 8) Regulation 1896/2006 of the European
  Parliament and of the Council of 12 December 2006
  creating a European order for payment procedure

11
Article 65 Regulations

• 9) Regulation 864/2007 of the European Parliament
  and of the Council of 11 July 2007 on the law
  applicable to non-contractual obligations (Rome
  II)
• 10) Regulation 593/2008 of the European
• Parliament and of the Council of 17 June 2008
• on the law applicable to contractual
  obligations (Rome I)

12
Related Instruments(part of the acquis
communautaire)

• Lugano Convention. Convention on jurisdiction and
  the enforcement of judgments in civil and
  commercial matters.

13
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.

14
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

15
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

16
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

17
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

18
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.

19
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.

20
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.

21
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.

22
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.

23
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

24
The Brussels Regulation

• Analyzing a case
• 1) Is there exclusive jurisdiction? (22)
• 2) Is the defendants domicile in the EU? (3)
• 3) Is the case an insurance (8-14), consumer
  contract (15-17), or employment contract case?
  (18-21)
• 4) Is there a prorogation clause? (23/13/17/21)

25
The Brussels Regulation

• If none of the above, at the plaintiffs option,
  apply
• --Article 2, suit at defendants domicile
• --Article 5, rules of special jurisdiction
• --Article 6, rules for multiple defendants

26
The Brussels Regulation

• Article 27
• 1. Where proceedings involving the same cause
  of action and between the same parties are
  brought in the courts of different Member States,
  any court other than the court first seised shall
  of its own motion stay its proceedings until such
  time as the jurisdiction of the court first
  seised is established.
• 2. Where the jurisdiction of the court first
  seised is established, any court other than the
  court first seised shall decline jurisdiction in
  favour of that court.

27
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