Jurisdiction

This subtopic considers the jurisdiction under Regulation (EU) 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (Brussels I (recast)). The predecessors to Brussels I (recast) were Regulation (EC) 44/2001 and prior to that the Brussels Convention. The regulations and convention taken together are known collectively as the Brussels Regime. The Brussels Regime applies between EU Member States. Denmark participates through a separate agreement with the EU.

Brussels I was repealed in its entirety on 10 January 2015, subject to transitional provisions. However, given the passage of time jurisdictional issues are no longer determined under Brussels I. However, authorities determined under Brussels I may continue to be relevant when interpreting Brussels I (recast).

Practice Notes

Brussels I (recast)—application and exclusions considers when Brussels I (recast) applies and the matters excluded from scope. It covers transitional arrangements, the requirement for an international element and the meaning of civil and commercial matters. It also considers the exclusions in the regulation and state immunity.

Brussels I (recast)—domicile considers the provisions in Brussels I (recast) dealing with domicile of the claimant and the defendant.

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