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
  • Impact of UK’s departure from the EU
  • Transitional arrangements—application of Brussels I
  • New EU Member States
  • Conflict with conventions
  • International requirement
  • What is a court?
  • Civil and commercial matters
  • Action against a state
  • International organisations
  • More...

Brussels I (recast)—application and exclusions

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.

Impact of UK’s departure from the EU

Following exit day (ie 31 January 2020), the UK became a third state in respect of Regulation (EU) 1215/2012, Brussels I (recast).

As a result of transitional provisions in the Withdrawal Agreement between the UK and the EU, the UK remained subject to Regulation (EU) 1215/2012, Brussels I (recast) during the implementation period, which began on exit day and ended on IP completion day (ie 31 December 2020, at 11 pm).

The position post IP completion day requires consideration of the specific provisions of Regulation (EU) 1215/2012, Brussels I (recast) that can be applied in respect of third states, as well as of the ongoing application of relevant transitional provisions. For detailed guidance on the extent to which the regulation will, following IP completion day (ie 31 December 2020, at 11 pm), continue to be applied by the courts of England and Wales, as well as by the courts

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