Brussels I (recast)—when is a court seised? (art 32)
Brussels I (recast)—when is a court seised? (art 32)

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

  • Brussels I (recast)—when is a court seised? (art 32)
  • Text of article 32
  • An aid to the interpretation of art 32—recital (21)
  • When is a court seised?
  • The application of Article 32 where amendments are made
  • Duration of seisin—when is a court disseised?

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 the question of when a court is seised of proceedings under Article 32 of Regulation (EU) 1215/2012, Brussels I (recast). Deciding which court is first seised is fundamental to the operation of Articles 29–31 of Regulation (EU) 1215/2012, Brussels I (recast) which concern the prevention and regulation of concurrent proceedings.

For information on the equivalent provisions within Regulation (EC) 44/2001, Brussels I, see Practice Note: Brussels I—when is a court seized ? (art 30) [Archived].

Text of article 32

Article 32 of Regulation (EU) 1215/2012, Brussels I (recast) replicates its predecessor provision in Article 30 of Regulation (EC) 44/2001 and provides additional clarification.

The beginning of Article 32 of Regulation (EU) 1215/2012, Brussels I (recast) is identical to its predecessor provision:

'1. For the purposes of this Section, a court shall be deemed to be seised:

(a) at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the claimant has not subsequently failed to take the steps he was required to take to have service effected on the defendant; or

(b) if the document has to be served before being lodged with the