The following Dispute Resolution guidance note Produced in partnership with Rani Noakes of 4 Pump Court provides comprehensive and up to date legal information covering:
This Practice Note explains Article 24 of Regulation (EU) 1215/2012 (Brussels I (recast)) which gives the courts of an EU Member State exclusive jurisdiction; irrespective of the defendant’s domicile or any contrary party agreement. The Practice Note covers claims involving immovable property (Article 24(1)), a company’s constitution/corporate governance and validity of actions (Article 24(2)), public registry entries (Article 24(3)), IP rights (Article 24(4)) as well as all proceedings involving the enforcement of judgments (Article 24(5)).
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 refers to the following EU regulations:
Regulation (EU) 1215/2012, Brussels I (recast)
Regulation (EC) 44/2001, Brussels I
It is important for practitioners to be aware of the remit of the provisions in Article 24 of Regulation (EU) 1215/2012, Brussels I (recast) as they are mandatory. Article 24 of Regulation (EU) 1215/2012, Brussels I (recast) provides that, in specific instances, courts will have exclusive jurisdiction regardless of the domicile of the parties and any agreement by the parties to the contrary.
EU Member State courts will have exclusive jurisdiction in relation to proceedings dealing with the following:
immovable property (Article 24(1))
companies in relation to their constitution and validity of actions (Article 24(2))
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