The Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law

Transcription

1 The Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law

2 Revised Brussels I Regulation: Scope of Application Overview Introductory Remarks Material Scope of Application Territorial and Personal Scope of Application Temporal Scope of Application

3 Material Scope Civil and commercial matters, Art. 1 (1) B1-Reg. This Regulation shall apply in civil and commercial matters whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters or to the liability of the State for acts and omissions in the exercise of State authority (acta iure imperii).

4 Material Scope Civil and commercial matters, Art. 1 (1) B1-Reg.

5 Material Scope Art. 1 (2) a B1-Reg. This Regulation shall not apply to: the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship or out of a relationship deemed by the law applicable to such relationship to have comparable effects to marriage;

6 Material Scope Art. 1 (2) a B1-Reg.

7 Material Scope Art. 1 (2) b B1-Reg. This Regulation shall not apply to: bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings; Regulation 1346/2000 on insolvency proceedings

8 Material Scope Art. 1 (2) b B1-Reg.

9 Material Scope Art. 1 (2) c B1-Reg. This Regulation shall not apply to: social securities;

10 Material Scope Art. 1 (2) d B1-Reg. This Regulation shall not apply to: arbitration;

11 Material Scope Art. 1 (2) d B1-Reg.

12 Material Scope Recital (12) Strengthening the protection of arbitration clauses Emphasizing the courts competence to scrutinize arbitration agreements and make decisions in accordance with national law Excluding preliminary decisions relating to arbitration

13 Material Scope Recital (12)

14 Material Scope Art. 1 (2) e B1-Reg. This Regulation shall not apply to: maintenance obligations arising from a family relationship, parentage, marriage or affinity; Regulation 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations

15 Material Scope Art. 1 (2) e B1-Reg.

16 Material Scope Art. 1 (2) f B1-Reg. This Regulation shall not apply to: wills and succession, including maintenance obligations arising by reason of death Regulation 650/2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession

17 Material Scope Art. 1 (2) f B1-Reg. This Regulation shall not apply to: wills and succession, including maintenance obligations arising by reason of death Regulation 650/2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession

18 Territorial Scope Proposal for a Regulation of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters COM(2010) 748 final

19 Territorial Scope Proposal

20 Territorial Scope Art. 4 (1) B1-Reg. Subject to this Regulation, persons domiciled in a Member State shall, whatever their nationality, be sued in the courts of that Member State.

21 Territorial Scope Art. 6 (1) B1-Reg. If the defendant is not domiciled in a Member State, the jurisdiction of the courts of each Member State shall, subject to Article 18(1), Article 21(2) and Articles 24 and 25, be determined by the law of that Member State.

22 Territorial Scope Artt. 4 (1), 6 (1) B1-Reg.

23 Territorial Scope Art. 24 B1-Reg. The following courts of a Member State shall have exclusive jurisdiction, regardless of the domicile of the parties: (1) [immovable property] (2) [constitution of companies] (3) [validity of entries in public registers] (4) [registration or validity of patents] (5) [enforcement of judgments]

24 Territorial Scope Art. 25 (1) B1-Reg. If the parties, regardless of their domicile, have agreed that a court or the courts of a Member State are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court or those courts shall have jurisdiction, unless the agreement is null and void as to its substantive validity under the law of that Member State [ ]

25 Territorial Scope Art. 25 (1) B1-Reg.

26 Territorial Scope Art. 18 (1) B1-Reg. A consumer may bring proceedings against the other party to a contract either in the courts of the Member State in which that party is domiciled or, regardless of the domicile of the other party, in the courts for the place where the consumer is domiciled.

27 Territorial Scope Art. 18 (1) B1-Reg.

28 Territorial Scope Art. 21 (2) B1-Reg. An employer not domiciled in a Member State may be sued in a court of a Member State in accordance with point (b) of paragraph 1. [place where employee habitually carries out work or otherwise where business which engaged employee is situated]

29 Territorial Scope Art. 21 (2) B1-Reg.

30 Territorial Scope Art 33 (1) Br1-Reg. Where jurisdiction is based on [Artt 4,7,8,9] and proceedings are pending before a court of a third State at the time when a court in a Member State is seised of an action involving the same cause of action and between the same parties [ ], the court of the Member State may stay the proceedings if:

31 Territorial Scope Art 33 (1) Br1-Reg. [ ) (a) it is expected that the court of the third State will give a judgment capable of recognition and, where applicable, of enforcement in that Member State; and (b) the court of the Member State is satisfied that a stay is necessary for the proper administration of justice.

32 Territorial Scope Art 33 Br1-Reg.

33 Territorial Scope Art 34 (1) Br1-Reg. Where jurisdiction is based on [Artt 4, 7, 8, 9] and an action is pending before a court of a third State at the time when a court in a Member State is seised of an action which is related [ ], the court of the Member State may stay the proceedings if: (a) it is expedient to hear and determine the related actions together to avoid the risk of irreconcilable judgments resulting from separate proceedings (b) [cf. Art 33 (1) a] (c) [cf. Art 33 (1) b]

34 Territorial Scope Art 34 Br1-Reg.

35 Temporal Scope Art. 81 B1-Reg. It shall apply from 10 January 2015, with the exception of Articles 75 and 76, which shall apply from 10 January 2014.

36 Temporal Scope Art. 66 (1) B1-Reg. This Regulation shall apply only to legal proceedings instituted, to authentic instruments formally drawn up or registered and to court settlements approved or concluded on or after 10 January 2015.

37 Temporal Scope Art. 66 (2) B1-Reg. Notwithstanding Article 80, Regulation (EC) No 44/2001 shall continue to apply to judgments given in legal proceedings instituted, to authentic instruments formally drawn up or registered and to court settlements approved or concluded before 10 January 2015 which fall within the scope of that Regulation.

38 Temporal Scope Artt. 81, 66 B1-Reg.

39 Closing Remarks

40 Thank you for your attention!