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The Brussels Regime is a set of rules regulating the allocation of jurisdiction in international legal disputes of a civil or commercial nature involving persons resident in a member state of the European Union (EU). It has detailed rules assigning jurisdiction for the dispute to be heard, and it governs the recognition and enforcement of foreign judgements. International law, is the body of law that regulates the activities of entities possessing international personality. Traditionally, that meant the conduct and relationships of states. ...
Civil law has at least three meanings. ...
Commercial law or business law is the body of law which governs business and commerce and is often considered to be a branch of civil law and deals both with issues of private law and public law. ...
Person, in the classic sense, refers to a living human being. ...
Overview
The Brussels Regime consists of the Brussels Convention, the Lugano Convention, and the Brussels I Regulation. - The Brussels Convention, officially the "Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters", (also known as the EEX Convention), was agreed in 1968 by the member states of the EU, with the goal of increasing economic efficiency and promoting the single market by harmonising the rules on jurisdiction and preventing parallel litigation.
- The Lugano Convention, officially the "Convention of 16 September 1988 on jurisdiction and the enforcement of judgments in civil and commercial matters", (also known as the EVEX Convention), is almost identical, and was agreed in 1988 with the then six members of the European Free Trade Area.
- The Brussels I Regulation officially the Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (or Council Reg (EC) 44/2001 for short). In the European Union, the two earlier conventions have largely been supplanted by this Regulation which is directly applicable to all EU member states except for Denmark, which has not opted into the Regulation. The Regulation makes some changes to the Brussels Convention, but is generally very similar.
All three legal instruments are broadly similar in content, but there are some differences. In general, it is the domicile of the defendant that determines which of these instruments applies in a given case. The Brussels I Regulation is applicable where the defendant is domiciled in a member state of the European Union, except for Denmark. The Brussels Convention is applicable where the defendant is domiciled in Denmark. The Lugano Convention is applicable when the defendant is domiciled in Iceland, Norway, or Switzerland. Where the recognition or enforcement of a foreign judgement is concerned, the applicable instrument is determined in analogous fashion by the country of origin of the judgement. September 27 is the 270th day of the year (271st in leap years) in the Gregorian calendar, with 95 days remaining. ...
1968 (MCMLXVIII) was a leap year starting on Monday (the link is to a full 1968 calendar). ...
A single market, also referred to as a Common Market, is a customs union with common policies on product regulation, and freedom of movement of all the factors of production (goods, services, capital and labour). ...
September 16 is the 259th day of the year (260th in leap years). ...
1988 (MCMLXXXVIII) was a leap year starting on a Friday of the Gregorian calendar. ...
The European Free Trade Association (EFTA) was established on May 3, 1960 as an alternative for European states that were not allowed or did not wish to join the European Community (now the European Union). ...
December 22 is the 356th day of the year (357th in leap years) in the Gregorian Calendar. ...
This article is about the year 2000. ...
Scope and content The Brussels Regime covers legal disputes of a civil or commercial nature (article 1). There are some exceptions limiting the scope of this; where the principle matter of a dispute is one of family law, bankruptcy or insolvency, social security, or relates to arbitration, the case is not subject to the rules. Family law is an area of the law that deals with family-related issues and domestic relations including, but not limited to: the nature of marriage, civil unions, and domestic partnerships; problems during the marriage including spousal abuse, legitimacy, adoption, child abuse, and child abduction the termination of the relationship...
Notice of closure stuck on the door of a computer store the day after its parent company, Granville Technology Group Ltd, declared bankruptcy (strictly, administration - see text) in the UK. Bankruptcy is a legally declared inability or impairment of ability of an individual or organization to pay their creditors. ...
This article is in need of attention. ...
For specific national programs, see Social Security (United States), National insurance (UK), Social Security (Sweden) Social security mainly refers to a field of social welfare concerned with social protection, or protection against socially recognized needs, including poverty, old age, disability, unemployment, families with children and others. ...
Arbitration is a form of mediation or conciliation, where the mediating party is given power by the disputant parties to settle the dispute by making a finding. ...
Article 2 prescribes that a person (legal or natural) may only be sued in the member state in which he or she is domiciled. Domicile is determined by the law of the national court hearing the case, so that a person can be domiciled in more than one state simultaneously. In astrology, domicile, rulership or house is the strongest essential dignity of a planet. ...
Article 4 preserves the traditional rules for defendants who are not domiciled in a member state. That is, if a defendant is domiciled elsewhere, then the Regime does not apply and the national court hearing the case is left to determine jurisdiction based on the traditional rules otherwise governing such questions in their legal system. Article 4 also allows a person domiciled in any member state to take advantage of another member state's exorbitant bases of jurisdiction on the same basis as a national of that state. This is useful in cases where a member state, such as France, allows its nationals to sue anyone in their courts, so that someone domiciled in a member state like Finland may sue someone domiciled in a non-member state like Canada, in the courts of a third party member state, like France, where the defendant may have assets. In business and accounting an asset is anything owned which can produce future economic benefit, whether in possession or by right to take possession, by a person or a group acting together, e. ...
The Brussels Convention and the Brussels I Regulation are both subject to the jurisdiction of the European Court of Justice (ECJ) on questions of interpretation. The Lugano Convention lacks a protocol governing references to the ECJ. Although the interpretations of other national courts, and of the ECJ in the case of Lugano Convention contracting states, are influential, they are not binding, and so various divergences have arisen between member states in the interpretation of the instruments. The European Court of Justice (ECJ) is formally known as the Court of Justice of the European Communities, i. ...
It is also to be noted that the Brussels Regime generally allows jurisdiction clauses, which preserves the right of parties to reach agreement at the time of contracting as to which court should govern any dispute.
The Regime applies only in the courts of signatory states, so there is nothing to prevent a non-party state from allowing parallel proceedings in their courts, although this may contribute to a finding of forum non conveniens, which would in practice halt an action. Forum non conveniens is Latin for inconvenient forum or inappropriate forum. ...
Landmark cases - European Court of Justice
- C-189/87, Athanasios Kalfelis v Bankhaus Schröder, Münchmeyer, Hengst and Co. and others [1]
- C-4/03, GAT, Gesellschaft für Antriebstechnik mbH & Co. KG against LuK Lamellen und Kupplungsbau Beteiligungs KG Referral
- C-539/03, Roche Nederland BV v Dr FJ Primus and Dr MD Goldenberg Referral
The European Court of Justice (ECJ) is formally known as the Court of Justice of the European Communities, i. ...
References - Brussels Convention ([1972] OJ L/299/32)
- Lugano Convention
- Brussels I Regulation ([2001] OJ L/12/1)
See also Private International Law, International Private Law, or Conflict of Laws is that branch of public law regulating all lawsuits involving a foreign law element where a difference in result will occur depending on which laws are applied. ...
In law, jurisdiction refers to the aspect of a any unique legal authority as being localized within boundaries. ...
The Civil Jurisdiction and Judgments Act 1982 is an Act of Parliament made by the Parliament of the United Kingdom in order to implement the Brussels Convention of 1968 into British law. ...
The Civil Jurisdiction and Judgments Act 1991 is an Act of Parliament made by the Parliament of the United Kingdom in order to implement the Lugano Convention of 1988 into British law. ...
External links - Recent case-law relating to the Brussels and Lugano Conventions on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (on http://curia.eu.int)
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