Brussels I (recast)—exclusive jurisdiction (art 24)
Produced in partnership with Rani Noakes of 4 Pump Court
Brussels I (recast)—exclusive jurisdiction (art 24)

The following Dispute Resolution practice note Produced in partnership with Rani Noakes of 4 Pump Court provides comprehensive and up to date legal information covering:

  • Brussels I (recast)—exclusive jurisdiction (art 24)
  • Remit of article 24
  • General—applicability of decisions determined under Brussels Convention and Brussels I
  • General—use of the expression 'in proceedings which have as their object'
  • General—declaration that a court has no jurisdiction (Article 27)
  • Immovable property (Article 24(1))
  • Rights which have been held to fall within the provisions
  • What rights do not fall within Article 24(1)?
  • Companies in relation to their constitution and validity of actions (Article 24(2))
  • Scope of Article 24(2)
  • 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. These include implications for the application of Article 24 of Regulation (EU) 1215/2012, Brussels I (recast) to proceedings with a UK element. For guidance, see: Impact of UK becoming a third state—application of Article 24 below.

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 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)). This Practice Note includes discussion of the application of Article 24 to the UK as a non-EU Member State (or a third state as they are often known) following its departure from the EU (subject to the application of transitional provisions in the Withdrawal Agreement).

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