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 guidance note provides comprehensive and up to date legal information covering:

  • Brussels I (recast)—appearance by the defendant (arts 26 and 28)
  • Brussels I (recast) and Brussels I
  • Determining if the defendant has made an appearance
  • 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?
  • The impact of a defendant not making an appearance—when will the court stay proceedings?
  • The impact of a defendant not making an appearance—what if the court determines it has jurisdiction but does not stay the proceedings?

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.

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)).

Brussels I (recast) and Brussels I

The provisions in Regulation (EU) 1215/2012, Brussels I (recast), dealing with the submission to the jurisdiction by the appearance of a defendant in proceedings, are substantially the same as those set out in Regulation (EC) 44/2001, Brussels I. The exception is set out in new provisions in Article 26(2) of Regulation (EU) 1215/2012, Brussels I (recast), which are