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

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

  • Brussels I (recast)—when is a court seised? (art 32)
  • Impact of UK’s departure from the EU
  • Text of article 32
  • An aid to the interpretation of art 32—recital (21)
  • When is a court seised?
  • What is a document for the purposes of Article 32?
  • When is the document lodged with the court?
  • The application of Article 32 where amendments are made
  • Duration of seisin—when is a court disseised?

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

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].

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

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