�Brussels I Regulation�(Regulation 1215/2012)

​

​

European Commission

DG Justice and Consumers�Unit A1 – Civil Justice

�Regulation (EC) No 1215/2012 on jurisdiction and the recognition and enforcement of judgements service in civil and commercial matters �(known as “Brussels I (recast”)

https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1539158192124&uri=CELEX:32012R1215

Introduction

• - Replaces Regulation 44/2001 on jurisdiction and the recognition and enforcement of judgments service in civil and commercial matters; Regulation 44/2001 replaced the 1968 Brussels Convention;
• - Applies to proceedings instituted on or after 10 January 2015;
• - Major change: abolition of exequatur in the Member State addressed (declaration of enforceability of judgment prior to enforcement)
• - System is based on mutual trust

Subject matter

• The Regulation determines which Member State courts have jurisdiction in a cross-border civil or commercial cases in the European Union

​

• The Regulation determines conditions and procedures following which the judgments issued in Member State are recognized and enforced in other Member States (covers also authentic instruments and court settlements)

​

• Does not govern recognition and enforcement of judgments from third States - national laws of the Member States apply

Scope of application (I)

• Civil and commercial matters
• Exceptions:
• -Revenue, customs or administrative matters
• -Status or legal capacity of natural persons,
• -Rights in property arising out of a matrimonial relationship
• -Wills and successions
• -Bankruptcy

​

Scope of application (II)

• Regulation applies to determine jurisdiction in actions against the defendants domiciled in the EU.
• Some exceptions:
• - Choice of court agreements for EU courts
• - Disputes involving weaker parties (consumer, employee): Regulation applies even if a defendant (trader or employer) is domiciled in a third State

Jurisdiction

1. General rule: domicile of the defendant (Art. 4). Domicile: Art. 62 and 63.

​

2. Alternative special rules , such as:

-for contracts-place of performance of contractual obligations (Art. 7)

-for torts-place where harmful event occured in action for damages (tort) (Art. 7)

-for 'weaker parties'-domicile of the consumer, insured and employee in certain matters relating to consumer, insurance and employment contracts (Art. 10, 17, 20)

​

3. Exclusive jurisdiction (Art. 24), such as:

Rights in rem in or tenancies of immovable property

Registration and validity of patents or trademarks

​

4. Jurisdiction based on the choice of court agreement and defendant's apperance

​

Lis pendens rules (Art. 29)

• - If proceedings concerning the same dispute and between the same parties are brought in two Member States court first seized gets priority.
• - Court second seized must decline jurisdiction once the first court has considered itself competent.

​

• - However, the court chosen under the choice of court agreement has priority to decide on its jurisdiction, regardless of whether it is first or second seised.

​

• - Rules on related actions (Art. 30)

Recognition

• Aim: to achieve a rapid and simple recognition and enforcement
• No special procedure for recognition (recognition is automatic) and no review of a substance

​

• Refusal only on the basis of (Art. 45):
• Public policy
• Default judgment without adequate notice
• Judgment irreconcilable with earlier judgment
• Protective and exclusive jurisdiction rules not respected

​

Enforcement (I)

• Decisions given in one Member State are automatically enforceable in another Member State without the need for any intermediate procedure (no declaration of enforceability (exequatur)). (Art. 39)

​

• Subject to the provisions of the Regulation, the procedure for the enforcement is goverened by the law of the MS addressed. (Art. 41)

​

Enforcement (II)

• Procedure:
• - application by the creditor to competent enforcement authority (Art. 42) to proceed with enforcement and completion of certain formalities (copy of the judgment, certificate to be produced)
• - service of the certificate (and judgment, if not yet served) to the other party prior to the first enforcement measure (Art. 43) who can apply to the court for refusal of enforcement on the same grounds as for refusal of recognition

​

• Adaptation (Art. 54) of the measure, if necessary

Enforcement (III)

• Refusal only on the basis of (Art. 45):

​

• Public policy
• Default judgment without adequate notice
• Judgement is irreconcilable with earlier judgment
• Protective and exclusive jurisdiction rules not respected

Enforcement (IV)

• The court decides on the application for refusal of enforcement without delay

​

• That decision may be appealed by either parties

​

• The decision on appeal may be further contested by an appeal, if provided by national laws

​

• The courts for application for refusal and for appeal notified to the Commission

​

• Authentic instruments and court settlements: Art. 58 and 59

​

Notification obligations for the Member States

​

​

• Courts for applications for refusal of enforcement, for appeals, etc (Articles 75 and 76)

​

• Information published on the e-Justice Portal

Certificates under the Regulation

​

• Certificate concerning a judgment (Annex I)

​

• Certificate concerning an authentic instrument/court settlement (Annex II)

Application of the Regulation

• Guidance: the European Court of Justice judgments
• Practice Guide on the application of the Regulation in employment disputes, adopted in the framework of the EJN
• Practice guide on Jurisdiction and applicable law in international consumer contracts, adopted in the framework of the EJN

​

​

​

1968 Brussels Convention

• Brussels I Regulation (44/2001) replaced the 1968 Brussels Convention

​

• Convention remains applicable to those territories of the Member States which are exempted from the application of the EU law (thus, also from the Brussels I Regulation)

2007 Lugano Convention (I)

• - Contracting Parties: Switzerland, Norway, Iceland, EU and Denmark
• - It is the successor to the 1988 Lugano Convention
• - Closely modelled on the Brussels I Regulation, 44/2001. The structure is consequently based on the principles of the Regulation (jurisdiction, recognition and enforcement)
• - CJEU Opinion 1/03: EU exclusive competencies

​

​

2007 Lugano Convention (II)

• - Major difference with Regulation 1215/2012: exequatur (the declaration of enforceability) is necessary under the 2007 Lugano Convention
• - Convention is open to accession by 3rd States
• - the Court of Justice has jurisdiction to give rulings on the interpretation of the Convention itself as regards its application by the courts of the Member States
• -JURE database: https://eur-lex.europa.eu/collection/n-law/jure.html