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

The following Dispute Resolution practice 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
  • Action against a state
  • International organisations
  • Public authorities/public powers
  • More...

Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For guidance, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Jurisdiction.

For guidance on whether judgments of the Court of Justice are binding on UK courts, see Q&A: Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?.

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) only applies 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

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