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

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering jurisdiction. For guidance, see: Cross border considerations—checklist—Jurisdiction—Brexit specific.

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Note: since 10 January 2015 Regulation (EC) 44/2001, Brussels I has been repealed in its entirety and replaced by Brussels I (recast).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.

Transitional arrangements

When dealing with issues of enforcement, Article 66 of Regulation (EC) 44/2001, Brussels I dealing with transitional arrangements, should be interpreted to mean that for the regulation to have effect it must be in force in both the Member State whose court delivered the judgment and the Member State in which recognition and enforcement of that judgment is