Brussels I—third parties, counterclaims and rights in rem (art 6) [Archived]
Brussels I—third parties, counterclaims and rights in rem (art 6) [Archived]

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

  • Brussels I—third parties, counterclaims and rights in rem (art 6) [Archived]
  • Introduction
  • Third parties—art 6(2)
  • Counter-claims—art 6(3)
  • Rights in rem in immovable property—art 6(4)

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers exceptions to the general rule that a claimant must bring proceedings in the jurisdiction of the defendant’s domicile under Article 6 of Regulation (EC) 44/2001, Brussels I. It examines the three different situations under Article 6 being the impact of third parties, counterclaims and dealing with claims involving rights in rem ie against movable property.

Note: since 10 January 2015, Regulation (EC) 44/2001, Brussels I has been repealed in its entirety and replaced by Regulation (EU) 1215/2012, Brussels I (recast). However, transitional arrangements have been put in place. For information on those arrangements and whether Regulation (EC) 44/2001, Brussels I provisions still apply to the matter you are dealing with, see Practice Note: Brussels I (recast)—application and exclusions.

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for practitioners considering which courts have jurisdiction to determine a dispute. For guidance, see Practice Note: Brexit—jurisdiction. For links to relevant guidance on the effect of the UK leaving the EU without a deal when dealing with matters of jurisdiction, see: Cross border considerations—checklist—Jurisdiction—Brexit specific.

Introduction

Article 6 of Brussels I (Council Regulation (EC) No 44/2001 on