Brussels I—application [Archived]
Brussels I—application [Archived]

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Brussels I—application [Archived]
  • Transitional arrangements
  • International requirement
  • Civil and commercial matters
  • Revenue, customs or administrative matters
  • Exclusions
  • Exclusion—state immunity
  • Exclusion—status and legal capacity, matrimonial property rights, wills and succession
  • Exclusion—bankruptcy or insolvency
  • Exclusion—social security
  • more

ARCHIVED: This Practice Note explains how Brussels I applies. It sets out transitional arrangements, international requirements and what constitutes civil and commercial matters. It also sets out what is excluded by the regulation and how to deal with state immunity.

Note: since 10 January 2015 Regulation (EC) 44/2001, Brussels I has been repealed in its entirety and replaced by Brussels I (recast). However, transitional arrangements have been put in place. For information on those arrangements and whether Brussels I provisions still apply to the matter you are dealing with, see Practice Note: Brussels I (recast)—application and exclusions.

Council Regulation (EC) 44/2001 on jurisdiction and recognition and enforcement of judgments in civil and commercial matters is referred to as Brussels I in this Practice Note. It is also known as the Judgments Regulation.

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for practitioners considering which courts have jurisdiction to determine a dispute. For guidance, see Practice Note: Brexit—jurisdiction. For links to relevant guidance on the effect of the UK leaving the EU without a deal when dealing with matters of jurisdiction, see: Cross border considerations—checklist—Jurisdiction—Brexit specific.

Transitional arrangements

When dealing with issues of enforcement, Article 66 of Regulation (EC)