Brussels I (recast)—appearance by the defendant (arts 26 and 28)
Brussels I (recast)—appearance by the defendant (arts 26 and 28)

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

  • Brussels I (recast)—appearance by the defendant (arts 26 and 28)
  • Impact of UK’s departure from the EU
  • Brussels I (recast) and Brussels I
  • Determining if the defendant has made an appearance
  • Special provisions when dealing with weaker parties
  • Preliminary references
  • The impact of a defendant entering an appearance
  • The impact of a defendant not making an appearance
  • The impact of a defendant not making an appearance—is the defendant domiciled in a EU Member State?
  • The impact of a defendant not making an appearance—what is an EU Member State court?
  • More...

This Practice Note considers the provisions in Regulation (EU) 1215/2012, Brussels I (recast) dealing with the submission of a defendant to the jurisdiction. Articles 26 and 28 of Regulation (EU) 1215/2012, Brussels I (recast) set out whether a defendant has submitted to the court’s jurisdiction. The fundamental requirement is that the defendant must enter an ‘appearance’. The meaning of the requirement to enter an appearance as well as the practicalities involved are explored. If the defendant does not enter an appearance, there may be no submission to the jurisdiction and the court may stay the proceedings. This is considered along with the practical issues, which arise when considering whether the defendant has received sufficient information to enter an appearance (Article 28 of Regulation (EU) 1215/2012, Brussels I (recast)). This Practice Note also includes discussion of the application of Article 26 to the UK as a non-EU Member State (or a third state as they are often known) following its departure from the EU (subject to the application of transitional provisions in the Withdrawal Agreement). For general guidance on the application of this article to third states, as well as the other provisions of the regulation that are relevant to third states, namely Articles 18(1), 21(2), 24, 25, 33 and 34 of Regulation (EU) 1215/2012, Brussels I (recast), see Practice Note: Brussels I (recast)—application to

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