The Recast Brussels Regulation
By Michiel Teekens, TeekensKarstens advocaten notarissen
The new Regulation (EU) No 1215/2012 on jurisdiction and the recognition of judgments in civil and commercial matters (Recast Regulation) applies to proceedings commenced in the courts of the European Union’s Member States from 10 January 2015 and amends the better known Brussels Regulation, (EC) No 44/2001. Some changes are significant:
- the possibility to sue a non-EU domiciled defendant in a Member State Court are expended;
- proceedings before a Member State Court based on an exclusive jurisdiction clause are given priority, even if a proceeding was instigated earlier before another Member State Court which court is obliged to stay the proceedings;
- Member State Courts can stay proceedings in favour of non-Member State Courts, but only in certain circumstances;
- the absolute exclusion of arbitration and proceedings relating to arbitration from the scope of the regulation;
- the simplification of the procedure for enforcement of Member State Judgements in other Member States by abandoning the declaration of enforceability requirement.
Please note that for Member States to which the Lugano Convention applies, the Recast Brussels Regulation does not apply and jurisdiction will be determined according to the Lugano Convention, which is based on the Brussels Regulation and not the changes mentioned above.
Michiel TeekensTeekensKarstens advocaten notarissen, Leiden, The Netherlands
T: +31 71 535 80 00
Michiel Teekens is an (international) corporate and commercial litigator and active GGI participant at the GGI EasyMeets. He is also a member of the International Dispute Resolution Practice Group. Furthermore, through GGI he participated in the Global Village on the Move 2012 programme.
TeekensKarstens attorneys and notaries (TK) is the largest legal services provider in the Rijnland area of the Netherlands, which is centrally located between Amsterdam, The Hague and Utrecht, and just fifteen minutes from Amsterdam Schiphol Airport. From its offices in Leiden and Alphen aan den Rijn, more than fifty lawyers and (candidate) notaries operate and provide full services to predominantly large and medium enterprises, (semi-) public sector companies and individuals hailing from the Netherlands and beyond.
Published: September 2015 l Photo: Grecaud Paul - Fotolia.com