The Brussels I Regulation Recast

by Dickinson, Andrew; Lein, Eva

• ISBN13: 9780191804175
• ISBN10: 0191804177
• Format: eBook
• Copyright: 2015-05-07
• Publisher: Oxford University Press

Summary

The Brussels I Regulation has undergone a lengthy review process, resulting in Regulation (EU) 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast). The provisions of the new Regulation apply from 10 January 2015.

This work, written by a number of leading experts on the subject, provides a commentary on the Recast Regulation. It contains a concise article-by-article commentary on all provisions of the recast Regulation with reference to the existing case law of the European Court of Justice and leading national decisions, and provides additional focus on the newly introduced changes, in particular to the provisions on lis pendens and the recognition and enforcement of judgments.

Author Biography

Andrew Dickinson, Fellow of St Catherine's College and Professor of Law, University of Oxford,Eva Lein, Senior Research Fellow in Private International Law at BIICL, Herbert Smith Freehills

Professor Andrew Dickinson is a Fellow of St Catherine's College and Professor of Law at the University of Oxford, a Solicitor and Consultant to Clifford Chance LLP in London, Visiting Fellow at the British Institute of International and Comparative Law (BIICL) and External Scientific Fellow at the Max Planck Institute for International, European and Regulatory Procedural Law, in Luxembourg. He was closely involved in the Brussels I review process as an expert for the European Parliament and submitted a briefing note on the Commission's Proposal for a Brussels I bis Regulation.

Dr Eva Lein is the Herbert Smith Freehills Senior Research Fellow in Private International Law at BIICL. She has published various articles in this area with a special focus on jurisdiction under the Brussels I Regulation and recently edited the book The Brussels I Review Proposal Uncovered (BIICL, 2012). She has organised several events and expert discussions on the revision process of the Brussels I Regulation. Her recent edited work also includes Extraterritoriality and Collective Redress with Duncan Fairgrieve (OUP, 2012).

Table of Contents

1. Background and Introduction to the Regulation, Andrew Dickinson
2. Scope and Definitions (Art. 1 - 3), Martin Illmer, Arnaud Nuyts, Jonathan Fitchen
3. Jurisdiction - General Provisions (Art. 4-6), Helene van Lith
4. Special Jurisdiction (Art. 7-9), Matthias Lehmann, Eva Lein, Pippa Rogerson, Marie Elodie Ancel
5. Jurisdiction in Matters Relating to Insurance (Arts. 10-16), Stefania Bariatti
6. Jurisdiction over Consumer Contracts (Arts. 17-19), Andrea Bonomi
7. Jurisdiction over Individual Contracts of Employment (Arts. 20-23), Louise Merrett
8. Exclusive Jurisdiction (Art. 24), Matthias Lehmann
9. Prorogation of Jurisdiction - Choice of Court Agreements and Submission (Arts. 25-26), Paco Garcimartin
10. Examination as to Jurisdiction and Admissibility (Arts. 27-28), Xandra Kramer
11. Lis Pendens and Related Actions (Arts. 29-34), Pippa Rogerson, Paco Garcimartin, Matthias Lehmann
12. Provisional, Including Protective Measures (Art. 35), Arnaud Nuyts
13. The Recognition and Enforcement of Member State Jud gements (Arts. 36-57), Pietro Franzina, Xandra Kramer, Jonathan Fitchen
14. Authentic Instruments and Court Settlements (Arts. 58-60), Jonathan Fitchen, Xandra Kramer
15. General Provisions (Arts. 61-65), Martin George, Jonathan Fitchen, Marie-Elodie Ancel
16. Transitional Provisions (Art. 66), Andrew Dickinson
17. Relationship with other Instruments (Arts. 67-73), Pippa Rogerson, Andrea Bonomi, Martin Illmer
18. Final Provisions (Arts. 74-81), Andrew Dickinson
Appendix 1. The Regulation: English, French and German language versions.
Appendix 2. Comparison of 2001 Regulation and Recast Regulation
Appendix 3. Commission Proposal (Annexes omitted)
Appendix 4. Explanatory Statement within the Final Report of the EP Legal Affairs (JURI) Committee
Appendix 5. Information Published by the Commission Pursuant to Art 76