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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.

Contents

Overview

The Brussels Regime consists of the Brussels Convention, the Lugano Convention, and the Brussels I Regulation.

  1. The Brussels Convention, officially the "Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters", (also known as the EEX Convention, presumably standing for European Execution Treaty [1]), was agreed in 1968 by the member states of the EU, with the goal of increasing economic efficiency and promoting the single market by harmonising the rules on jurisdiction and preventing parallel litigation. Events 489 - Odoacer attacks Theodoric at the Battle of Verona and is defeated again Year 1968 ( MCMLXVIII) was a Leap year starting on Monday (link will display full calendar of the Gregorian calendar.
  2. The Lugano Convention, officially the "Convention of 16 September 1988 on jurisdiction and the enforcement of judgments in civil and commercial matters", (also known as the EVEX Convention), is almost identical, and was agreed in 1988 with the then six members of the European Free Trade Area except for Liechtenstein. Events 1400 - Owain Glyndŵr is declared Prince of Wales by his followers Year 1988 ( MCMLXXXVIII) was a Leap year starting on Friday (link displays 1988 Gregorian calendar) The Principality of Liechtenstein (Fürstentum Liechtenstein) is a tiny doubly landlocked Alpine country in Western Europe, bordered by Switzerland It is also open for accession by non-member states of EU and EFTA, but no states have done so so far (with the exception of Poland, which acceded to the Lugano Convention before joining the EU). Poland (Polska officially the Republic of Poland The European Union ( EU) is a political and economic union of twenty-seven member states, located primarily in
  3. The Brussels I Regulation officially the Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (or Council Reg (EC) 44/2001 for short). Events 1790 - The Turkish fortress of Izmail is stormed and captured by Suvorov and his Russian armies 2000 ( MM) was a Leap year that started on Saturday of the Common Era, in accordance with the Gregorian calendar. In the European Union, the two earlier conventions have largely been supplanted by this Regulation which is directly applicable to all EU member states. The Regulation makes some changes to the Brussels Convention, but is generally very similar. The Regulation entered into force on March 1, 2002. Events 86 BC - Lucius Cornelius Sulla, at the head of a Roman Republic army enters in Athens, removing the Tyrant See also 2002 (disambiguation Year 2002 ( MMII) was a Common year starting on Tuesday of the Gregorian calendar. [2]

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 [3] 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.

Scope and content

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.

Landmark cases

Notes

  1. ^ OECD, The Second Forum for Asian Insolvency Reform (FAIR), Bangkok, Thailand 16 – 17 December 2002, page 2
  2. ^ European Commission web site, Judicial Cooperation in Civil Matters - Acquis JHA 2003 (Justice and Home Affairs). Consolidated version. Retrieved on August 28, 2006
  3. ^ The European Community and Denmark further judicial cooperation in civil and commercial matters as two agreements enter into force. Retrieved on 2007-11-09. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 694 - Egica, a king of the Visigoths of Hispania, accuses Jews of aiding Muslims sentencing all

Further reading and primary sources

See also

External links

Managing Intellectual Property (MIP is a monthly Magazine published in English and specializes in Intellectual property. The spider in the web doctrine is a Legal doctrine in Dutch law governing Cross-border injunctions in Patent infringement cases In European law, and especially in European Intellectual property law a cross-border injunction is an Injunction by a Court in one European European patents are granted by the European Patent Office (EPO under the legal provisions of the European Patent Convention (EPC Conflict of laws (or private international law) is that branch of International law and intranational interstate law that regulates all Lawsuits involving In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority The Civil Jurisdiction and Judgments Act 1982 (1982 c 27 is an Act of Parliament made by the Parliament of the United Kingdom in order to implement the The Civil Jurisdiction and Judgments Act 1991 is an Act of Parliament made by the Parliament of the United Kingdom in order to implement the Lugano Convention In Conflict of Laws, the Rome Convention is the Convention on the Law Applicable to Contractual Obligations and it opened for signature in Rome In Conflict of Laws, Rome II is the European Union Regulation on the law applicable to non-contractual obligations.
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