Brussels I (recast)—application and exclusions
Brussels I (recast)—application and exclusions

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

  • Brussels I (recast)—application and exclusions
  • Transitional arrangements
  • New EU Member States
  • Conflict with conventions
  • International requirement
  • What is a court?
  • Civil and commercial matters
  • Exclusion—revenue, customs or administrative matters
  • Exclusion—state immunity
  • Exclusion—status, legal capacity and rights arising out of marriage
  • 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.

This Practice Note considers Regulation (EU) 1215/2012, Brussels I (recast) and what matters it will be applied to, as well as what specific matters that are excluded by are set out in the regulation as being excluded. 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.

Transitional arrangements

Regulation (EU) 1215/2012, Brussels I (recast) will only apply to matters in which relevant events take place on or after 10 January 2015 (Article 66 of Regulation (EU) 1215/2012, Brussels I (recast)). Those events are:

  1. legal proceedings have been instigated

  2. authentic documents have been drawn up or registered

  3. court settlements have been approved or concluded

Article 80 of Regulation (EU) 1215/2012, Brussels I (recast) states that it repeals Regulation (EC) 44/2001, Brussels I. However, Article 66(2) of Regulation (EU) 1215/2012, Brussels I (recast) specifically states that, notwithstanding that provision, Regulation (EC) 44/2001, Brussels I will continue to apply to judgments given in legal proceedings instigated prior to 10 January 2015 and to authentic documents drawn up or registered and court settlements approved or