The Brussels I Regulation Recast.pdf
The Brussels I Regulation has undergone a lengthy review process, resulting in Regulation (EU) 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast). The provisions of the new Regulation apply from 10 January 2015. This work, written by a number of leading experts on the subject, provides a commentary on the Recast Regulation. It contains a concise article-by-article commentary on all provisions of the recast Regulation with reference to the existing case law of the European Court of Justice and leading national decisions, and provides additional focus on the newly introduced changes, in particular to the provisions on lis pendens and the recognition and enforcement of judgments.
Dr Eva Lein is the Herbert Smith Freehills Senior Research Fellow in Private International Law at BIICL. She has published various articles in this area with a special focus on jurisdiction under the Brussels I Regulation and recently edited the book The Brussels I Review Proposal Uncovered (BIICL, 2012). She has organised several events and expert discussions on the revision process of the Brussels I Regulation. Her recent edited work also includes Extraterritoriality and Collective Redress with Duncan Fairgrieve (OUP, 2012).
1. Introduction and Background ; 2. Scope and Definitions (Art. 1 - 3) ; 3. Jurisdiction - General Provisions (Art. 4-6) ; 4. Special Jurisdiction (Art. 7-9) ; 5. Jurisdiction in Matters Relating to Insurance (Arts. 10-16) ; 6. Jurisdiction over Consumer Contracts (Arts. 17-19) ; 7. Jurisdiction over Individual Contracts of Employment (Arts. 20-23) ; 8. Exclusive Jurisdiction (Art. 24) ; 9. Prorogation of Jurisdiction - Choice of Court Agreements and Submission (Arts. 25-26) ; 10. Examination as to Jurisdiction and Admissibility (Arts. 27-28) ; 11. Lis Pendens and Related Actions (Arts. 29-34) ; 12. Provisional, Including Protective Measures (Art. 35) ; 13. Recognition and Enforcement ; 14. Authentic Instruments and Court Settlements (Arts. 58-60) ; 15. General Provisions (Arts. 61-65) ; 16. Transitional Provisions (Art. 66) ; 17. Relationship with other Instruments (Arts. 67-73) ; 18. Final Provisions (Arts. 74-81) ; APPENDIX 1. THE REGULATION: ENGLISH, FRENCH AND GERMAN LANGUAGE VERSIONS. ; APPENDIX 2. LIST OF CONVENTIONS ; APPENDIX 3. PREPARATORY MATERIALS (INCLUDING COMMISSION PROPOSAL AND EXPLANATORY MEMORANDUM, REPORT OF EUROPEAN PARLIAMENT'S JUSTICE AND HOME AFFAIRS COMMITTEE)