Guide to Brussels I (recast) [Archived]
Guide to Brussels I (recast) [Archived]

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

  • Guide to Brussels I (recast) [Archived]
  • Transitional arrangements
  • Change—Choice of Court agreements/Jurisdiction clauses
  • Change—related actions and reversing Gasser (art 31)
  • Change—widening the arbitration exclusion (art 1(2)(d) and recital 12))
  • Change—staying proceedings in favour of those in third states (arts 33 and 34)
  • Change—extending protection for consumers and employees (sections 4 and 5)
  • Change—abolition of exequatur when dealing with enforcement (Chapter III)

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is intended to act as a guide to the main changes implemented through the recast of Brussels I and explains the transitional arrangements to enable you to determine whether the new provisions are applicable to the matter you are dealing with. This Practice Note was written in January 2015 and will not be subject to further update. The links in the Related Documents are to maintained documents and give the up to date position.

Transitional arrangements

Brussels I (recast) will only apply to matters in which relevant events take place on or after 10 January 2015 (art 66). Those events are:

  1. legal proceedings have been instigated

  2. authentic documents have been drawn up or registered

  3. court settlements have been approved or concluded

Warning: art 80 states that Brussels I (recast) repeals Brussels I. However, art 66 specifically states that, notwithstanding that provision, Brussels I will continue to apply to judgments given in legal proceedings instigated prior to 10 January 2015 and to authentic documents drawn up or registered and court settlements approved or concluded prior to 10 January 2015.

Practical consideration: the transitional provisions do not explicitly address which regulation applies if a jurisdictional, rather than a judgment, issue arises after 10 January 2015 in relation to proceedings