The Brussels Regime is a set of rules regulating the allocation of jurisdiction in international legal disputes of a civil or commercial nature involving persons resident in a member state of the European Union (EU). International law is the term commonly used for referring to the system of implicit and explicit agreements that bind together nation-states in adherence to recognized values and standards Civil law, as opposed to Criminal law, refers to that branch of Law dealing with disputes between Individuals and/or Organizations, in which Commercial law (sometimes known as business law) is the body of Law which governs Business and commercial transactions The term person is used in Common sense to mean an individual Human being. The European Union ( EU) is a political and economic union of twenty-seven member states, located primarily in It has detailed rules assigning jurisdiction for the dispute to be heard, and it governs the recognition and enforcement of foreign judgements.
The Brussels Regime consists of the Brussels Convention, the Lugano Convention, and the Brussels I Regulation.
All three legal instruments are broadly similar in content, but there are some differences. In general, it is the domicile of the defendant that determines which of these instruments applies in a given case. The Brussels I Regulation is applicable where the defendant is domiciled in a member state of the European Union. Until 1 July 2007 this did not include Denmark — however an agreement was made between Denmark and the European Community extending the provisions of the regulation to Denmark. "July 1st" redirects here For the Ayumi Hamasaki song see H (song. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. The Kingdom of Denmark ( ˈd̥ænmɑɡ̊ (archaic ˈd̥anmɑːɡ̊ commonly known as Denmark, is a country in the Scandinavian region of northern Europe  The Lugano Convention is applicable when the defendant is domiciled in Iceland, Norway, or Switzerland. Iceland, officially the Republic of Iceland ( ( Ísland or Lýðveldið Ísland ( Norway ( Norwegian: Norge ( Bokmål) or Noreg ( Nynorsk) officially the Kingdom of Norway, is a Constitutional Switzerland (English pronunciation; Schweiz Swiss German: Schwyz or Schwiiz Suisse Svizzera Svizra officially the Swiss Confederation Where the recognition or enforcement of a foreign judgement is concerned, the applicable instrument is determined in analogous fashion by the country of origin of the judgement.
The Brussels Regime covers legal disputes of a civil or commercial nature (article 1). There are some exceptions limiting the scope of this; where the principal matter of a dispute is one of family law, bankruptcy or insolvency, social security, or relates to arbitration, the case is not subject to the rules. Family law is an area of the Law that deals with family-related issues and Domestic relations including but not limited to the nature of Bankruptcy is a legally declared inability or impairment of ability of an individual or organization to pay their Creditors Creditors may file a bankruptcy petition against Insolvency means the inability to pay one's debts This is defined in two different waysCash flow insolvency unable to pay debts as they fall dueBalance sheet insolvency Social security primarily refers to a Social insurance program providing social protection or protection against socially recognized conditions including poverty old Arbitration, a form of Alternative dispute resolution (ADR is a legal technique for the resolution of Disputes outside the Courts wherein the
Article 2 prescribes that a person (legal or natural) may only be sued in the member state in which he or she is domiciled. Domicile is determined by the law of the national court hearing the case, so that a person can be domiciled in more than one state simultaneously. In Conflict of Laws, domicile (sometimes termed domicil in the U
Article 4 preserves the traditional rules for defendants who are not domiciled in a member state. That is, if a defendant is domiciled elsewhere, then the Regime does not apply and the national court hearing the case is left to determine jurisdiction based on the traditional rules otherwise governing such questions in their legal system. Article 4 also allows a person domiciled in any member state to take advantage of another member state's exorbitant bases of jurisdiction on the same basis as a national of that state. This is useful in cases where a member state, such as France, allows its nationals to sue anyone in their courts, so that someone domiciled in a member state like Finland may sue someone domiciled in a non-member state like Canada, in the courts of a third party member state, like France, where the defendant may have assets. This article is about the country For a topic outline on this subject see List of basic France topics. Finland, officially the Republic of Finland ( is a Nordic country situated in the Fennoscandian region of northern Europe. Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page In Business and Accounting, assets are everything owned by a person or company (all tangible and intangible property that can be converted into cash.
The Brussels Convention and the Brussels I Regulation are both subject to the jurisdiction of the European Court of Justice (ECJ) on questions of interpretation. This article refers to the European Union court not the European Court of Human Rights of the Council of Europe The Court of Justice The Lugano Convention lacks a protocol governing references to the ECJ. Although the interpretations of other national courts, and of the ECJ in the case of Lugano Convention contracting states, are influential, they are not binding, and so various divergences have arisen between member states in the interpretation of the instruments.
It is also to be noted that the Brussels Regime generally allows jurisdiction clauses, which preserves the right of parties to reach agreement at the time of contracting as to which court should govern any dispute.
The Regime applies only in the courts of signatory states, so there is nothing to prevent a non-party state from allowing parallel proceedings in their courts, although this may contribute to a finding of forum non conveniens, which would in practice halt an action.