The Brussels I Regulation 2000
Regulation (EC) No 44/2001 of 22 December 2000
on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 61(c) and Article 67(1) thereof,
Having regard to the proposal from the Commission (
1 ),
Having regard to the opinion of the European Parliament (
2 ),
Having regard to the opinion of the Economic and Social Committee (
3 ),
(1) The Community has set itself the objective of maintaining and developing
an area of freedom, security and justice, in which the free movement of
persons is ensured. In order to establish progressively such an area,
the Community should adopt, amongst other things, the measures relating
to judicial cooperation in civil matters which are necessary for the sound
operation of the internal market.
(2) Certain differences between national rules governing jurisdiction
and recognition of judgments hamper the sound operation of the internal
market. Provisions to unify the rules of conflict of jurisdiction in civil
and commercial matters and to simplify the formalities with a view to
rapid and simple recognition and enforcement of judgments from Member
States bound by this Regulation are essential.
(3) This area is within the field of judicial cooperation in civil matters
within the meaning of Article 65 of the Treaty.
(4) In accordance with the principles of subsidiarity and proportionality
as set out in Article 5 of the Treaty, the objectives of this Regulation
cannot be sufficiently achieved by the Member States and can therefore
be better achieved by the Community. This Regulation confines itself to
the minimum required in order to achieve those objectives and does not
go beyond what is necessary for that purpose.
(5) On 27 September 1968 the Member States, acting under Article 293,
fourth indent, of the Treaty, concluded the Brussels Convention on Jurisdiction
and the Enforcement of Judgments in Civil and Commercial Matters, as amended
by Conventions on the Accession of the New Member States to that Convention
(hereinafter referred to as the ‘Brussels Convention’) (
4 ). On 16 September 1988 Member States and EFTA States concluded
the Lugano Convention on Jurisdiction and the Enforcement of Judgments
in Civil and Commercial Matters, which is a parallel Convention to the
1968 Brussels Convention. Work has been undertaken for the revision of
those Conventions, and the Council has approved the content of the revised
texts. Continuity in the results achieved in that revision should be ensured.
(6) In order to attain the objective of free movement of judgments in
civil and commercial matters, it is necessary and appropriate that the
rules governing jurisdiction and the recognition and enforcement of judgments
be governed by a Community legal instrument which is binding and directly
applicable.
(7) The scope of this Regulation must cover all the main civil and commercial
matters apart from certain well-defined matters.
(8) There must be a link between proceedings to which this Regulation
applies and the territory of the Member States bound by this Regulation.
Accordingly common rules on jurisdiction should, in principle, apply when
the defendant is domiciled in one of those Member States.
(9) A defendant not domiciled in a Member State is in general subject
to national rules of jurisdiction applicable in the territory of the Member
State of the court seised, and a defendant domiciled in a Member State
not bound by this Regulation must remain subject to the Brussels Convention.
(10) For the purposes of the free movement of judgments, judgments given
in a Member State bound by this Regulation should be recognised and enforced
in another Member State bound by this Regulation, even if the judgment
debtor is domiciled in a third State.
(11) The rules of jurisdiction must be highly predictable and founded
on the principle that jurisdiction is generally based on the defendant's
domicile and jurisdiction must always be available on this ground save
in a few well-defined situations in which the subject-matter of the litigation
or the autonomy of the parties warrants a different linking factor. The
domicile of a legal person must be defined autonomously so as to make
the common rules more transparent and avoid conflicts of jurisdiction.
(12) In addition to the defendant's domicile, there should be alternative
grounds of jurisdiction based on a close link between the court and the
action or in order to facilitate the sound administration of justice.
(13) In relation to insurance, consumer contracts and employment, the
weaker party should be protected by rules of jurisdiction more favourable
to his interests than the general rules provide for.
(14) The autonomy of the parties to a contract, other than an insurance,
consumer or employment contract, where only limited autonomy to determine
the courts having jurisdiction is allowed, must be respected subject to
the exclusive grounds of jurisdiction laid down in this Regulation.
(15) In the interests of the harmonious administration of justice it is
necessary to minimise the possibility of concurrent proceedings and to
ensure that irreconcilable judgments will not be given in two Member States.
There must be a clear and effective mechanism for resolving cases of lis
pendens and related actions and for obviating problems flowing from national
differences as to the determination of the time when a case is regarded
as pending. For the purposes of this Regulation that time should be defined
autonomously.
(16) Mutual trust in the administration of justice in the Community justifies
judgments given in a Member State being recognised automatically without
the need for any procedure except in cases of dispute.
(17) By virtue of the same principle of mutual trust, the procedure for
making enforceable in one Member State a judgment given in another must
be efficient and rapid. To that end, the declaration that a judgment is
enforceable should be issued virtually automatically after purely formal
checks of the documents supplied, without there being any possibility
for the court to raise of its own motion any of the grounds for non-enforcement
provided for by this Regulation.
(18) However, respect for the rights of the defence means that the defendant
should be able to appeal in an adversarial procedure, against the declaration
of enforceability, if he considers one of the grounds for non-enforcement
to be present. Redress procedures should also be available to the claimant
where his application for a declaration of enforceability has been rejected.
(19) Continuity between the Brussels Convention and this Regulation should
be ensured, and transitional provisions should be laid down to that end.
The same need for continuity applies as regards the interpretation of
the Brussels Convention by the Court of Justice of the European Communities
and the 1971 Protocol ( 5 )
should remain applicable also to cases already pending when this Regulation
enters into force.
(20) The United Kingdom and Ireland, in accordance with Article 3 of the
Protocol on the position of the United Kingdom and Ireland annexed to
the Treaty on European Union and to the Treaty establishing the European
Community, have given notice of their wish to take part in the adoption
and application of this Regulation.
(21) Denmark, in accordance with Articles 1 and 2 of the Protocol on the
position of Denmark annexed to the Treaty on European Union and to the
Treaty establishing the European Community, is not participating in the
adoption of this Regulation, and is therefore not bound by it nor subject
to its application.
(22) Since the Brussels Convention remains in force in relations between
Denmark and the Member States that are bound by this Regulation, both
the Convention and the 1971 Protocol continue to apply between Denmark
and the Member States bound by this Regulation.
(23) The Brussels Convention also continues to apply to the territories
of the Member States which fall within the territorial scope of that Convention
and which are excluded from this Regulation pursuant to Article 299 of
the Treaty.
(24) Likewise for the sake of consistency, this Regulation should not
affect rules governing jurisdiction and the recognition of judgments contained
in specific Community instruments.
(25) Respect for international commitments entered into by the Member
States means that this Regulation should not affect conventions relating
to specific matters to which the Member States are parties.
(26) The necessary flexibility should be provided for in the basic rules
of this Regulation in order to take account of the specific procedural
rules of certain Member States. Certain provisions of the Protocol annexed
to the Brussels Convention should accordingly be incorporated in this
Regulation.
(27) In order to allow a harmonious transition in certain areas which
were the subject of special provisions in the Protocol annexed to the
Brussels Convention, this Regulation lays down, for a transitional period,
provisions taking into consideration the specific situation in certain
Member States.
(28) No later than five years after entry into force of this Regulation
the Commission will present a report on its application and, if need be,
submit proposals for adaptations.
(29) The Commission will have to adjust Annexes I to IV on the rules of
national jurisdiction, the courts or competent authorities and redress
procedures available on the basis of the amendments forwarded by the Member
State concerned; amendments made to Annexes V and VI should be adopted
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing powers conferred
on the Commission ( 6 ),
HAS ADOPTED THIS REGULATION:
Article 1 Material scope and parties subject to the
obligations imposed by the Regulation 
- 1. 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.
- 2. The Regulation shall not apply to:
(a) the status or legal capacity of natural
persons, rights in property arising out of a matrimonial relationship,
wills and succession;
(b) bankruptcy, proceedings relating to the
winding-up of insolvent companies or other legal persons, judicial arrangements,
compositions and analogous proceedings;
(c) social security;
(d) arbitration.
- 3. In this Regulation, the term ‘Member
State’ shall mean Member States with the exception of Denmark.
Section 1 (of Chapter II) General provisions
Article 2 General rule of jurisdiction
- 1. Subject to
this Regulation, persons domiciled in a Member State shall, whatever their
nationality, be sued in the courts of that Member State.
- 2. Persons who
are not nationals of the Member State in which they are domiciled shall
be governed by the rules of jurisdiction applicable to nationals of that
State.
Article 3 The inapplicability of national rules on
(exorbitant) jurisdiction
- 1. Persons domiciled
in a Member State may be sued in the courts of another Member State only
by virtue of the rules set out in Sections 2 to 7 of this Chapter.
- 2. In particular
the rules of national jurisdiction set out in Annex I shall not be applicable
as against them.
Article 4 Defendant not domiciled in a State bound
by the Regulation
- 1. If the defendant
is not domiciled in a Member State, the jurisdiction of the courts of
each Member State shall, subject to Articles 22 and 23, be determined
by the law of that Member State.
- 2. As against such a defendant, any person
domiciled in a Member State may, whatever his nationality, avail himself
in that State of the rules of jurisdiction there in force, and in particular
those specified in Annex I, in the same way as the nationals of that State.
Section 2 (of Chapter II) Special jurisdiction
Article 5 Contracts, maintenance obligations, tort,
delict and quasi-delict, actions arising out of a crime, company branch
offices
A person domiciled in a Member State may, in another Member State, be
sued:
(1) (a) in matters relating to a contract,
in the courts for the place of performance of the obligation in question;
(b) for the purpose of this provision and unless
otherwise agreed, the place of performance of the obligation in question
shall be:
— in the case of the sale of goods, the place in a Member State
where, under the contract, the goods were delivered or should have been
delivered,
— in the case of the provision of services, the place in a Member
State where, under the contract, the services were provided or should
have been provided,
(c) if subparagraph (b) does not apply then
subparagraph (a) applies;
(2) in matters relating to maintenance, (a)
in the courts for the place where the maintenance creditor is domiciled
or habitually resident or (b), if the matter is ancillary to
proceedings concerning the status of a person [or (c) to parental
responsibility]*), in the court which, according to its own law, has jurisdiction
to entertain those proceedings, unless that jurisdiction is based solely
on the nationality of one of the parties;
(3) in matters relating to tort, delict or
quasi-delict, in the courts for the place where the harmful event occurred
or may occur;
(4) as regards a civil claim for damages or
restitution which is based on an act giving rise to criminal proceedings,
in the court seised of those proceedings, to the extent that that court
has jurisdiction under its own law to entertain civil proceedings;
(5) as regards a dispute arising out of the
operations of a branch, agency or other establishment, in the courts for
the place in which the branch, agency or other establishment is situated;
(6) as settlor, trustee or beneficiary of a
trust created by the operation of a statute, or by a written instrument,
or created orally and evidenced in writing, in the courts of the Member
State in which the trust is domiciled;
(7) as regards a dispute concerning the payment
of remuneration claimed in respect of the salvage of a cargo or freight,
in the court under the authority of which the cargo or freight in question:
(a) has been arrested to secure such payment,
or
(b) could have been so arrested, but bail or
other security has been given;
provided that this provision shall apply only if it is claimed that the
defendant has an interest in the cargo or freight or had such an interest
at the time of salvage.
*) The words 'parental responsibility' can't be found in Article 5, point (2) BR I, but only in the Lugano Convention 2007 (Article 5, point 2, under(c):"in the court which, according to its own law, has jurisdiction to entertain proceedings concerning parental responsibility, if the matter relating to maintenance is ancillary to those proceedings, unless that jurisdiction is based solely on the nationality of one of the parties;". Yet, the same rule applies under the Brussels I Regulation.
Article 6 More than one defendant, third-party proceedings
and counterclaims
A person domiciled in a Member State may also be sued:
(1) where he is one of a number of defendants,
in the courts for the place where any one of them is domiciled, provided
the claims are so closely connected that it is expedient to hear and determine
them together to avoid the risk of irreconcilable judgments resulting
from separate proceedings;
(2) as a third party in an action on a warranty
or guarantee or in any other third party proceedings, in the court seised
of the original proceedings, unless these were instituted solely with
the object of removing him from the jurisdiction of the court which would
be competent in his case;
(3) on a counterclaim arising from the same
contract or facts on which the original claim was based, in the court
in which the original claim is pending;
(4) In matters relating to a contract, if the
action may be combined with an action against the same defendant in matters
relating to rights in rem in immovable property, in the court of the Member
State in which the property is situated.
Article 7 Jurisdiction on claims for limitation of
liability which has arisen from the use or operation of a ship
Where by virtue of this Regulation a court of a Member State has jurisdiction
in actions relating to liability from the use or operation of a ship,
that court, or any other court substituted for this purpose by the internal
law of that Member State, shall also have jurisdiction over claims for
limitation of such liability.
Section 3 (of Chapter II) Jurisdiction in matters
relating to insurance
Article 8 Section 3 is decisive for jurisdiction in
matters relating to insurance
In matters relating to insurance, jurisdiction shall be determined by
this Section, without prejudice to Article 4 and point 5 of Article 5.
Article 9 Jurisdiction relating to legal actions against
the insurer
- 1. An insurer domiciled in a Member
State may be sued:
(a) in the courts of the Member State where
he is domiciled, or
(b) in another Member State, in the case of
actions brought by the policyholder, the insured or a beneficiary, in
the courts for the place where the plaintiff is domiciled,
(c) if he is a co-insurer, in the courts of
a Member State in which proceedings are brought against the leading insurer.
- 2. An insurer who is not domiciled in a Member
State but has a branch, agency or other establishment in one of the Member
States shall, in disputes arising out of the operations of the branch,
agency or establishment, be deemed to be domiciled in that Member State.
Article 10 Additional jurisdiction in respect of liability
insurance or insurance of immovable property
In respect of liability insurance or insurance of immovable property,
the insurer may in addition be sued in the courts for the place where
the harmful event occurred. The same applies if movable and immovable
property are covered by the same insurance policy and both are adversely
affected by the same contingency.
Article 11 Liability insurance: insurer joining in
proceedings of the injured party against the insured person
- 1. In respect of liability insurance, the
insurer may also, if the law of the court permits it, be joined in proceedings
which the injured party has brought against the insured.
- 2. Articles 8, 9 and 10 shall apply to actions
brought by the injured party directly against the insurer, where such
direct actions are permitted.
- 3. If the law
governing such direct actions provides that the policyholder or the insured
may be joined as a party to the action, the same court shall have jurisdiction
over them.
Article 12 Jurisdiction relating to legal actions
of an insurer against another person (defendant) and counter claims
- 1. Without prejudice to Article 11(3), an
insurer may bring proceedings only in the courts of the Member State in
which the defendant is domiciled, irrespective of whether he is the policyholder,
the insured or a beneficiary.
- 2. The provisions of this Section shall not
affect the right to bring a counter-claim in the court in which, in accordance
with this Section, the original claim is pending.
Article 13 Derogation from the provisions of Section
3
The provisions of this Section may be departed from only by an agreement:
(1) which is entered into after the dispute
has arisen, or
(2) which allows the policyholder, the insured
or a beneficiary to bring proceedings in courts other than those indicated
in this Section, or
(3) which is concluded between a policyholder
and an insurer, both of whom are at the time of conclusion of the contract
domiciled or habitually resident in the same Member State, and which has
the effect of conferring jurisdiction on the courts of that State even
if the harmful event were to occur abroad, provided that such an agreement
is not contrary to the law of that State, or
(4) which is concluded with a policyholder
who is not domiciled in a Member State, except in so far as the insurance
is compulsory or relates to immovable property in a Member State, or
(5) which relates to a contract of insurance
in so far as it covers one or more of the risks set out in Article 14.
Article 14 Risks referred to in Article 13(5)
The following are the risks referred to in Article 13(5):
(1) any loss of or damage to:
(a) seagoing ships, installations situated
offshore or on the high seas, or aircraft, arising from perils which relate
to their use for commercial purposes;
(b) goods in transit other than passengers'
baggage where the transit consists of or includes carriage by such ships
or aircraft;
(2) any liability, other than for bodily injury
to passengers or loss of or damage to their baggage:
(a) arising out of the use or operation of
ships, installations or aircraft as referred to in point 1(a) in so far
as, in respect of the latter, the law of the Member State in which such
aircraft are registered does not prohibit agreements on jurisdiction regarding
insurance of such risks;
(b) for loss or damage caused by goods in transit
as described in point 1(b);
(3) any financial loss connected with the use
or operation of ships, installations or aircraft as referred to in point
1(a), in particular loss of freight or charter-hire;
(4) any risk or interest connected with any
of those referred to in points 1 to 3;
(5) notwithstanding points 1 to 4, all ‘large
risks’ as defined in Council
Directive 73/239/EEC ( 7 ), as
amended by Council Directives 88/357/EEC (
8 ) and 90/618/EEC ( 9 ), as they
may be amended.
Section 4 (of Chapter II) Jurisdiction over consumer
contracts
Article 15 Section 4 is decisive for jurisdiction
in matters relating to agreements with consumers
- 1. In matters relating to a contract concluded
by a person, the consumer, for a purpose which can be regarded as being
outside his trade or profession, jurisdiction shall be determined by this
Section, without prejudice to Article 4 and point 5 of Article 5, if:
(a) it is a contract for the sale of goods
on instalment credit terms; or
(b) it is a contract for a loan repayable by
instalments, or for any other form of credit, made to finance the sale
of goods; or
(c) in all other cases, the contract has been
concluded with a person who pursues commercial or professional activities
in the Member State of the consumer's domicile or, by any means, directs
such activities to that Member State or to several States including that
Member State, and the contract falls within the scope of such activities.
- 2. Where a consumer enters into a contract
with a party who is not domiciled in the Member State but has a branch,
agency or other establishment in one of the Member States, that party
shall, in disputes arising out of the operations of the branch, agency
or establishment, be deemed to be domiciled in that State.
- 3. This Section shall not apply to a contract
of transport other than a contract which, for an inclusive price, provides
for a combination of travel and accommodation.
Article 16 Consumer may choose between the courts
of the State of his domicile or that of the domicile of the other party
- 1. 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 in the courts for the place where
the consumer is domiciled.
- 2. Proceedings may be brought against a consumer
by the other party to the contract only in the courts of the Member State
in which the consumer is domiciled.
- 3. This Article shall not affect the right
to bring a counter-claim in the court in which, in accordance with this
Section, the original claim is pending.
Article 17 Derogation from the provisions of Section
4
The provisions of this Section may be departed from only by an agreement:
(1) which is entered into after the dispute
has arisen; or
(2) which allows the consumer to bring proceedings
in courts other than those indicated in this Section; or
(3) which is entered into by the consumer and
the other party to the contract, both of whom are at the time of conclusion
of the contract domiciled or habitually resident in the same Member State,
and which confers jurisdiction on the courts of that Member State, provided
that such an agreement is not contrary to the law of that Member State.
Section 5 (of Chapter II) Jurisdiction over individual
contracts of employment
Article 18 Section 5 is decisive for jurisdiction
in matters relating to employment agreements
- 1. In matters relating to individual contracts
of employment, jurisdiction shall be determined by this Section, without
prejudice to Article 4 and point 5 of Article 5.
- 2. Where an employee enters into an individual
contract of employment with an employer who is not domiciled in a Member
State but has a branch, agency or other establishment in one of the Member
States, the employer shall, in disputes arising out of the operations
of the branch, agency or establishment, be deemed to be domiciled in that
Member State.
Article 19 Jurisdiction for proceedings to be started
against an employer
An employer domiciled in a Member State may be sued:
(1) In the courts of the Member State where
he is domiciled; or
(2) in another Member State:
(a) in the courts for the place where the employee
habitually carries out his work or in the courts for the last place where
he did so, or
(b) if the employee does not or did not habitually
carry out his work in any one country, in the courts for the place where
the business which engaged the employee is or was situated.
Article 20 Jurisdiction for proceedings to be started
by the employer
- 1. An employer may bring proceedings only in the courts of the
Member State in which the employee is domiciled.
- 2. The provisions of this Section shall not
affect the right to bring a counter-claim in the court in which, in accordance
with this Section, the original claim is pending.
Article 21 Derogation from the provisions of Section
5
The provisions of this Section may be departed from only by an agreement
on jurisdiction:
(1) which is entered into after the dispute
has arisen; or
(2) which allows the employee to bring proceedings
in courts other than those indicated in this Section.
Section 6 (of Chapter II) Exclusive jurisdiction
Article 22 Immovable property, validity of companies
and other legal persons, validity of entries in public registers, registration
of intellectual property rights and the enforcement of judgments
The following courts shall have exclusive jurisdiction, regardless
of domicile:
(1) in proceedings which have as their object
rights in rem in immovable property or tenancies of immovable property,
the courts of the Member State in which the property is situated. However,
in proceedings which have as their object tenancies of immovable property
concluded for temporary private use for a maximum period of six consecutive
months, the courts of the Member State in which the defendant is domiciled
shall also have jurisdiction, provided that the tenant is a natural person
and that the landlord and the tenant are domiciled in the same Member
State;
(2) in proceedings which have as their object
the validity of the constitution, the nullity or the dissolution of companies
or other legal persons or associations of natural or legal persons, or
of the validity of the decisions of their organs, the courts of the Member
State in which the company, legal person or association has its seat.
In order to determine that seat, the court shall apply its rules of private
international law;
(3) in proceedings which have as their object
the validity of entries in public registers, the courts of the Member
State in which the register is kept;
(4) in proceedings concerned with the registration
or validity of patents, trade marks, designs, or other similar rights
required to be deposited or registered, the courts of the Member State
in which the deposit or registration has been applied for, has taken place
or is under the terms of a Community instrument or an international convention
deemed to have taken place. Without prejudice to the jurisdiction of the
European Patent Office under the Convention on the Grant of European Patents,
signed at Munich on 5 October 1973, the courts of each Member State shall
have exclusive jurisdiction, regardless of domicile, in proceedings concerned
with the registration or validity of any European patent granted for that
State;
(5) in proceedings concerned with the enforcement
of judgments, the courts of the Member State in which the judgment has
been or is to be enforced.
Section 7 (of Chapter II) Prorogation of jurisdiction
Article 23 Prorogation clause
- 1. If the parties, one or more of whom is
domiciled in a Member State, 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. Such jurisdiction
shall be exclusive unless the parties have agreed otherwise. Such an agreement
conferring jurisdiction shall be either:
(a) in writing or evidenced in writing; or
(b) in a form which accords with practices
which the parties have established between themselves; or
(c) in international trade or commerce, in
a form which accords with a usage of which the parties are or ought to
have been aware and which in such trade or commerce is widely known to,
and regularly observed by, parties to contracts of the type involved in
the particular trade or commerce concerned.
- 2. Any communication by electronic means
which provides a durable record of the agreement shall be equivalent to
‘writing’.
- 3. Where such an agreement is concluded by
parties, none of whom is domiciled in a Member State, the courts of other
Member States shall have no jurisdiction over their disputes unless the
court or courts chosen have declined jurisdiction.
- 4. The court
or courts of a Member State on which a trust instrument has conferred
jurisdiction shall have exclusive jurisdiction in any proceedings brought
against a settlor, trustee or beneficiary, if relations between these
persons or their rights or obligations under the trust are involved.
- 5. Agreements or provisions of a trust instrument
conferring jurisdiction shall have no legal force if they are contrary
to Articles 13, 17 or 21, or if the courts whose jurisdiction they purport
to exclude have exclusive jurisdiction by virtue of Article 22.
Article 24 Implied prorogation of jurisdiction
Apart from jurisdiction derived from other provisions of this Regulation,
a court of a Member State before which a defendant enters an appearance
shall have jurisdiction. This rule shall not apply where appearance was
entered to contest the jurisdiction, or where another court has exclusive
jurisdiction by virtue of Article 22.
Section 8 (of Chapter II) Examination as to jurisdiction
and admissibility
Article 25 Exclusive jurisdiction of another court
Where a court of a Member State is seised of a claim which is principally
concerned with a matter over which the courts of another Member State
have exclusive jurisdiction by virtue of Article 22, it shall declare
of its own motion that it has no jurisdiction.
Article 26 Defendant does not appear in court
- 1. Where a defendant domiciled in one Member
State is sued in a court of another Member State and does not enter an
appearance, the court shall declare of its own motion that it has no jurisdiction
unless its jurisdiction is derived from the provisions of this Regulation.
- 2. The court shall stay the proceedings so
long as it is not shown that the defendant has been able to receive the
document instituting the proceedings or an equivalent document in sufficient
time to enable him to arrange for his defence, or that all necessary steps
have been taken to this end.
- 3. Article 19 of Council Regulation (EC)
No 1348/2000 of 29 May 2000 on the service in the Member States of judicial
and extrajudicial documents in civil or commercial matters (
10 ) shall apply instead of the provisions of paragraph 2 if the document
instituting the proceedings or an equivalent document had to be transmitted
from one Member State to another pursuant to this Regulation.
- 4. Where the
provisions of Regulation (EC) No 1348/2000 are not applicable, Article
15 of the Hague Convention of 15 November 1965 on the Service Abroad of
Judicial and Extrajudicial Documents in Civil or Commercial Matters shall
apply if the document instituting the proceedings or an equivalent document
had to be transmitted pursuant to that Convention.
Section 9 (of Chapter II) Lis pendens —
related actions
Article 27 Lis Pendens (stay of proceedings when the
same cause of action between the same parties is brought before courts
of different States)
- 1. Where proceedings involving the same cause
of action and between the same parties are brought in the courts of different
Member States, any court other than the court first seised shall of its
own motion stay its proceedings until such time as the jurisdiction of
the court first seised is established.
- 2. Where the jurisdiction of the court first
seised is established, any court other than the court first seised shall
decline jurisdiction in favour of that court.
Article 28 Related actions
- 1. Where related actions are pending in the
courts of different Member States, any court other than the court first
seised may stay its proceedings.
- 2. Where these actions are pending at first
instance, any court other than the court first seised may also, on the
application of one of the parties, decline jurisdiction if the court first
seised has jurisdiction over the actions in question and its law permits
the consolidation thereof.
- 3. For the purposes of this Article, actions
are deemed to be related where they are so closely connected that it is
expedient to hear and determine them together to avoid the risk of irreconcilable
judgments resulting from separate proceedings.
Article 29 Decline jurisdiction
Where actions come within the exclusive jurisdiction of several courts,
any court other than the court first seised shall decline jurisdiction
in favour of that court.
Article 30 Moment on which a court is seised for the
purpose of Section 9
For the purposes of this Section, a court shall be deemed to be seised:
(1) at the time when the document instituting
the proceedings or an equivalent document is lodged with the court, provided
that the plaintiff has not subsequently failed to take the steps he was
required to take to have service effected on the defendant, or
(2) if the document has to be served before
being lodged with the court, at the time when it is received by the authority
responsible for service, provided that the plaintiff has not subsequently
failed to take the steps he was required to take to have the document
lodged with the court.
Section 10 (of Chapter II) Provisional, including
protective, measures
Article 31 Jurisdiction for taking provisional and
protective measures
Application may be made to the courts of a Member State for such provisional,
including protective, measures as may be available under the law of that
State, even if, under this Regulation, the courts of another Member State
have jurisdiction as to the substance of the matter.
CHAPTER III RECOGNITION AND ENFORCEMENT
Article 32 Definition of 'judgment'
For the purposes of this Regulation, ‘judgment’ means any
judgment given by a court or tribunal of a Member State, whatever the
judgment may be called, including a decree, order, decision or writ of
execution, as well as the determination of costs or expenses by an officer
of the court.
Section 1 (of Chapter III) Recognition
Article 33 Recognition of judgments of a foreign court
- 1. A judgment given in a Member State shall
be recognised in the other Member States without any special procedure
being required.
- 2. Any interested party who raises the recognition
of a judgment as the principal issue in a dispute may, in accordance with
the procedures provided for in Sections 2 and 3 of this Chapter, apply
for a decision that the judgment be recognised.
- 3. If the outcome of proceedings in a court
of a Member State depends on the determination of an incidental question
of recognition that court shall have jurisdiction over that question.
Article 34 Grounds for non-recognition of judgments
of foreign courts
A judgment shall not be recognised:
(1) if such recognition is manifestly contrary
to public policy in the Member State in which recognition is sought;
(2) where it was given in default of appearance,
if the defendant was not served with the document which instituted the
proceedings or with an equivalent document in sufficient time and in such
a way as to enable him to arrange for his defence, unless the defendant
failed to commence proceedings to challenge the judgment when it was possible
for him to do so;
(3) if it is irreconcilable with a judgment
given in a dispute between the same parties in the Member State in which
recognition is sought;
(4) if it is irreconcilable with an earlier
judgment given in another Member State or in a third State involving the
same cause of action and between the same parties, provided that the earlier
judgment fulfils the conditions necessary for its recognition in the Member
State addressed.
Article 35 Jurisdiction of the court of origin
- 1. Moreover, a judgment shall not be recognised
if it conflicts with Sections 3, 4 or 6 of Chapter II, or in a case provided
for in Article 72.
- 2. In its examination of the grounds of jurisdiction
referred to in the foregoing paragraph, the court or authority applied
to shall be bound by the findings of fact on which the court of the Member
State of origin based its jurisdiction.
- 3. Subject to the paragraph 1, the jurisdiction
of the court of the Member State of origin may not be reviewed. The test
of public policy referred to in point 1 of Article 34 may not be applied
to the rules relating to jurisdiction.
Article 36 Abolition of review of the law applied
by the court of origin
Under no circumstances may a foreign judgment be reviewed as to its substance.
Article 37 Appeal against the foreign decision for
which recognition is sought
- 1. A court of a Member State in which recognition
is sought of a judgment given in another Member State may stay the proceedings
if an ordinary appeal against the judgment has been lodged.
- 2. A court of a Member State in which recognition
is sought of a judgment given in Ireland or the United Kingdom may stay
the proceedings if enforcement is suspended in the State of origin, by
reason of an appeal.
Section 2 (of Chapter III) Enforcement
Article 38 Enforcement of judgments of a court of
another State
- 1. A judgment given in a Member State and
enforceable in that State shall be enforced in another Member State when,
on the application of any interested party, it has been declared enforceable
there.
- 2. However, in the United Kingdom, such a
judgment shall be enforced in England and Wales, in Scotland, or in Northern
Ireland when, on the application of any interested party, it has been
registered for enforcement in that part of the United Kingdom.
Article 39 Court or competent authority
- 1. The application shall be submitted to
the court or competent authority indicated in the list in Annex II.
- 2. The local jurisdiction shall be determined
by reference to the place of domicile of the party against whom enforcement
is sought, or to the place of enforcement.
Article 40 Procedure for an application to make a
judgment enforceable in another State
- 1. The procedure for making the application
shall be governed by the law of the Member State in which enforcement
is sought.
- 2. The applicant must give an address for
service of process within the area of jurisdiction of the court applied
to. However, if the law of the Member State in which enforcement is sought
does not provide for the furnishing of such an address, the applicant
shall appoint a representative ad litem.
- 3. The documents referred to in Article 53
shall be attached to the application.
Article 41 Decision completing the first stage and
declaration of enforceability
The judgment shall be declared enforceable immediately on completion of
the formalities in Article 53 without any review under Articles 34 and
35. The party against whom enforcement is sought shall not at this stage
of the proceedings be entitled to make any submissions on the application.
Article 42 Notification of the applicant; declaration
of enforceability shall be served on other party
- 1. The decision on the application for a
declaration of enforceability shall forthwith be brought to the notice
of the applicant in accordance with the procedure laid down by the law
of the Member State in which enforcement is sought.
- 2. The declaration of enforceability shall
be served on the party against whom enforcement is sought, accompanied
by the judgment, if not already served on that party.
Article 43 Appeal against the decision on the declaration
of enforceability
- 1. The decision on the application for a
declaration of enforceability may be appealed against by either party.
- 2. The appeal is to be lodged with the court
indicated in the list in Annex III.
- 3. The appeal shall be dealt with in accordance
with the rules governing procedure in contradictory matters.
- 4. If the party against whom enforcement
is sought fails to appear before the appellate court in proceedings concerning
an appeal brought by the applicant, Article 26(2) to (4) shall apply even
where the party against whom enforcement is sought is not domiciled in
any of the Member States.
- 5. An appeal against the declaration of enforceability
is to be lodged within one month of service thereof. If the party against
whom enforcement is sought is domiciled in a Member State other than that
in which the declaration of enforceability was given, the time for appealing
shall be two months and shall run from the date of service, either on
him in person or at his residence. No extension of time may be granted
on account of distance.
Article 44 Appeal to the courts as mentioned in Annex
IV (further appeals)
The judgment given on the appeal may be contested only by the appeal referred
to in Annex IV.
Article 45 Scope of review on an appeal under Article
43 or 44
- 1. The court with which an appeal is lodged
under Article 43 or Article 44 shall refuse or revoke a declaration of
enforceability only on one of the grounds specified in Articles 34 and
35. It shall give its decision without delay.
- 2. Under no circumstances may the foreign
judgment be reviewed as to its substance.
Article 46 Appeal against the foreign judgment of
which enforcement is sought
- 1. The court with which an appeal is lodged
under Article 43 or Article 44 may, on the application of the party against
whom enforcement is sought, stay the proceedings if an ordinary appeal
has been lodged against the judgment in the Member State of origin or
if the time for such an appeal has not yet expired; in the latter case,
the court may specify the time within which such an appeal is to be lodged.
- 2. Where the judgment was given in Ireland
or the United Kingdom, any form of appeal available in the Member State
of origin shall be treated as an ordinary appeal for the purposes of paragraph
1.
- 3. The court may also make enforcement conditional
on the provision of such security as it shall determine.
Article 47 Provisional and protective measures
- 1. When a judgment must be recognised in
accordance with this Regulation, nothing shall prevent the applicant from
availing himself of provisional, including protective, measures in accordance
with the law of the Member State requested without a declaration of enforceability
under Article 41 being required.
- 2. The declaration of enforceability shall
carry with it the power to proceed to any protective measures.
- 3. During the time specified for an appeal
pursuant to Article 43(5) against the declaration of enforceability and
until any such appeal has been determined, no measures of enforcement
may be taken other than protective measures against the property of the
party against whom enforcement is sought.
Article 48 Enforcement in respect of certain matters
only; partial enforcement
- 1. Where a foreign judgment has been given
in respect of several matters and the declaration of enforceability cannot
be given for all of them, the court or competent authority shall give
it for one or more of them.
- 2. An applicant may request a declaration
of enforceability limited to parts of a judgment.
Article 49 Judgments ordering periodic penalty payments
A foreign judgment which orders a periodic payment by way of a penalty
shall be enforceable in the Member State in which enforcement is sought
only if the amount of the payment has been finally determined by the courts
of the Member State of origin.
Article 50 Legal aid
An applicant who, in the Member State of origin has benefited from complete
or partial legal aid or exemption from costs or expenses, shall be entitled,
in the procedure provided for in this Section, to benefit from the most
favourable legal aid or the most extensive exemption from costs or expenses
provided for by the law of the Member State addressed.
Article 51 No security, bond or deposit
No security, bond or deposit, however described, shall be required of
a party who in one Member State applies for enforcement of a judgment
given in another Member State on the ground that he is a foreign national
or that he is not domiciled or resident in the State in which enforcement
is sought.
Article 52 No charge, duty or fee
In proceedings for the issue of a declaration of enforceability, no charge,
duty or fee calculated by reference to the value of the matter at issue
may be levied in the Member State in which enforcement is sought.
Article 53 Documents to be produced when applying
for a declaration of enforceability
- 1. A party seeking recognition or applying
for a declaration of enforceability shall produce a copy of the judgment
which satisfies the conditions necessary to establish its authenticity.
- 2. A party applying for a declaration of
enforceability shall also produce the certificate referred to in Article
54, without prejudice to Article 55.
Article 54 Issuance of a certificate by the court
in accordance with standard forms
The court or competent authority of a Member State where a judgment was
given shall issue, at the request of any interested party, a certificate
using the standard form in Annex V to this Regulation.
Article 55 Granting additional time to produce the
necessary documents
- 1. If the certificate referred to in Article
54 is not produced, the court or competent authority may specify a time
for its production or accept an equivalent document or, if it considers
that it has sufficient information before it, dispense with its production.
- 2. If the court or competent authority so
requires, a translation of the documents shall be produced. The translation
shall be certified by a person qualified to do so in one of the Member
States.
Article 56 No legalisation or similar formality required
No legalisation or other similar formality shall be required in respect
of the documents referred to in Article 53 or Article 55(2), or in respect
of a document appointing a representative ad litem.
CHAPTER IV AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS
Article 57 Authentic instruments
- 1. A document which has been formally drawn
up or registered as an authentic instrument and is enforceable in one
Member State shall, in another Member State, be declared enforceable there,
on application made in accordance with the procedures provided for in
Articles 38, et seq. The court with which an appeal is lodged under Article
43 or Article 44 shall refuse or revoke a declaration of enforceability
only if enforcement of the instrument is manifestly contrary to public
policy in the Member State addressed.
- 2. Arrangements relating to maintenance obligations
concluded with administrative authorities or authenticated by them shall
also be regarded as authentic instruments within the meaning of paragraph
1.
- 3. The instrument produced must satisfy the
conditions necessary to establish its authenticity in the Member State
of origin.
- 4. Section 3 of Chapter III shall apply as
appropriate. The competent authority of a Member State where an authentic
instrument was drawn up or registered shall issue, at the request of any
interested party, a certificate using the standard form in Annex VI to
this Regulation.
Article 58 Court settlements
A settlement which has been approved by a court in the course of proceedings
and is enforceable in the Member State in which it was concluded shall
be enforceable in the State addressed under the same conditions as authentic
instruments. The court or competent authority of a Member State where
a court settlement was approved shall issue, at the request of any interested
party, a certificate using the standard form in Annex V to this Regulation.
Article 59 Definition of the concept of domicile
- 1. In order to determine whether a party
is domiciled in the Member State whose courts are seised of a matter,
the court shall apply its internal law.
- 2 If a party is not domiciled in the Member
State whose courts are seised of the matter, then, in order to determine
whether the party is domiciled in another Member State, the court shall
apply the law of that Member State.
Article 60 Definition of the concept of domicile for
companies and other legal persons
- 1. For the purposes of this Regulation, a
company or other legal person or association of natural or legal persons
is domiciled at the place where it has its:
(a) statutory seat, or
(b) central administration, or
(c) principal place of business.
- 2. For the purposes of the United Kingdom
and Ireland ‘statutory seat’ means the registered office or,
where there is no such office anywhere, the place of incorporation or,
where there is no such place anywhere, the place under the law of which
the formation took place.
- 3. In order to determine whether a trust
is domiciled in the Member State whose courts are seised of the matter,
the court shall apply its rules of private international law.
Article 61 Unintentional offences in criminal courts
Without prejudice to any more favourable provisions of national laws,
persons domiciled in a Member State who are being prosecuted in the criminal
courts of another Member State of which they are not nationals for an
offence which was not intentionally committed may be defended by persons
qualified to do so, even if they do not appear in person. However, the
court seised of the matter may order appearance in person; in the case
of failure to appear, a judgment given in the civil action without the
person concerned having had the opportunity to arrange for his defence
need not be recognised or enforced in the other Member States.
Article 62 Definition of the term ‘court’
(in Sweden)
In Sweden, in summary proceedings concerning orders to pay ( betalningsföreläggande)
and assistance (handräckning), the expression ‘court’
includes the ‘Swedish enforcement service’ (kronofogdemyndighet).
Article 63 Special provisions for residents of Luxembourg
- 1. A person domiciled in the territory of
the Grand Duchy of Luxembourg and sued in the court of another Member
State pursuant to Article 5(1) may refuse to submit to the jurisdiction
of that court if the final place of delivery of the goods or provision
of the services is in Luxembourg.
- 2. Where, under paragraph 1, the final place
of delivery of the goods or provision of the services is in Luxembourg,
any agreement conferring jurisdiction must, in order to be valid, be accepted
in writing or evidenced in writing within the meaning of Article 23(1)(a).
- 3. The provisions of this Article shall not
apply to contracts for the provision of financial services.
- 4. The provisions of this Article shall apply
for a period of six years from entry into force of this Regulation.
Article 64 Proceedings between the master and a member
of the crew of a seagoing ship registered in Greece or in Portugal
- 1. In proceedings involving a dispute between
the master and a member of the crew of a seagoing ship registered in Greece
or in Portugal, concerning remuneration or other conditions of service,
a court in a Member State shall establish whether the diplomatic or consular
officer responsible for the ship has been notified of the dispute. It
may act as soon as that officer has been notified.
- 2. The provisions of this Article shall apply
for a period of six years from entry into force of this Regulation.
Article 65 Jurisdiction in third party proceedings
(warrenty or guarantee) may not be resorted to Germany, Austria or Hungary
- 1. The jurisdiction specified in Article
6(2) and Article 11 in actions on a warranty or guarantee or in any other
third party proceedings may not be resorted to Germany, Austria and Hungary.
Any person domiciled in another Member State may be sued in the courts:
(a) of Germany, pursuant to Articles 68 and
72 to 74 of the Code of Civil Procedure (Zivilprozessordnung) concerning
third-party notices;
(b) of Austria, pursuant to Article 21 of the
Code of Civil Procedure (Zivilprozessordnung) concerning third-party notices;
(c) of Hungary, pursuant to Articles 58 to
60 of the Code of Civil Procedure (Polgári perrendtartás)
concerning third-party notices.
- 2. Judgments given in other Member States
by virtue of Article 6(2), or Article 11 shall be recognised and enforced
in Germany, Austria and Hungary in accordance with Chapter III. Any effects
which judgments given in these States may have on third parties by application
of the provisions in paragraph 1 shall also be recognised in the other
Member States.
CHAPTER VI TRANSITIONAL PROVISIONS
Article 66 Transitional provisions
- 1. This Regulation shall apply only to legal
proceedings instituted and to documents formally drawn up or registered
as authentic instruments after the entry into force thereof.
- 2. However, if the proceedings in the Member
State of origin were instituted before the entry into force of this Regulation,
judgments given after that date shall be recognised and enforced in accordance
with Chapter III,
(a) if the proceedings in the Member State
of origin were instituted after the entry into force of the Brussels or
the Lugano Convention both in the Member State or origin and in the Member
State addressed;
(b) in all other cases, if jurisdiction was
founded upon rules which accorded with those provided for either in Chapter
II or in a convention concluded between the Member State of origin and
the Member State addressed which was in force when the proceedings were
instituted.
CHAPTER VII RELATIONS WITH OTHER INSTRUMENTS
Article 67 Brussels I Regulation in relation to specific
matters of jurisdiction, recognition and enforcement issued by Community
instruments
This Regulation shall not prejudice the application of provisions governing
jurisdiction and the recognition and enforcement of judgments in specific
matters which are contained in Community instruments or in national legislation
harmonised pursuant to such instruments.
Article 68 Brussels I Regulation in relation to the
1968 Brussels Convention
- 1. This Regulation shall, as between the
Member States, supersede the Brussels Convention, except as regards the
territories of the Member States which fall within the territorial scope
of that Convention and which are excluded from this Regulation pursuant
to Article 299 of the Treaty.
- 2. In so far as this Regulation replaces
the provisions of the Brussels Convention between Member States, any reference
to the Convention shall be understood as a reference to this Regulation.
Article 69 Brussels I Regulation supersedes all other
(multilateral or bilateral) Conventions between Member States on the same
matters
Subject to Article 66(2) and Article 70, this Regulation shall, as between
Member States, supersede the following conventions and treaty concluded
between two or more of them:
— the Convention between Belgium and France on Jurisdiction and
the Validity and Enforcement of Judgments, Arbitration Awards and Authentic
Instruments, signed at Paris on 8 July 1899,
— the Convention between Belgium and the Netherlands on Jurisdiction,
Bankruptcy, and the Validity and Enforcement of Judgments, Arbitration
Awards and Authentic Instruments, signed at Brussels on 28 March 1925,
— the Convention between France and Italy on the Enforcement of
Judgments in Civil and Commercial Matters, signed at Rome on 3 June 1930,
— the Convention between the United Kingdom and the French Republic
providing for the reciprocal enforcement of judgments in civil and commercial
matters, with Protocol, signed at Paris on 18 January 1934,
— the Convention between the United Kingdom and the Kingdom of Belgium
providing for the reciprocal enforcement of judgments in civil and commercial
matters, with Protocol, signed at Brussels on 2 May 1934,
— the Convention between Germany and Italy on the Recognition and
Enforcement of Judgments in Civil and Commercial Matters, signed at Rome
on 9 March 1936,
— the Convention between Belgium and Austria on the Reciprocal Recognition
and Enforcement of Judgments and Authentic Instruments relating to Maintenance
Obligations, signed at Vienna on 25 October 1957,
— the Convention between Germany and Belgium on the Mutual Recognition
and Enforcement of Judgments, Arbitration Awards and Authentic Instruments
in Civil and Commercial Matters, signed at Bonn on 30 June 1958,
— the Convention between the Netherlands and Italy on the Recognition
and Enforcement of Judgments in Civil and Commercial Matters, signed at
Rome on 17 April 1959,
— the Convention between Germany and Austria on the Reciprocal Recognition
and Enforcement of Judgments, Settlements and Authentic Instruments in
Civil and Commercial Matters, signed at Vienna on 6 June 1959,
— the Convention between Belgium and Austria on the Reciprocal Recognition
and Enforcement of Judgments, Arbitral Awards and Authentic Instruments
in Civil and Commercial Matters, signed at Vienna on 16 June 1959,
— the Convention between the United Kingdom and the Federal Republic
of Germany for the reciprocal recognition and enforcement of judgments
in civil and commercial matters, signed at Bonn on 14 July 1960,
— the Convention between the United Kingdom and Austria providing
for the reciprocal recognition and enforcement of judgments in civil and
commercial matters, signed at Vienna on 14 July 1961, with amending Protocol
signed at London on 6 March 1970,
— the Convention between Greece and Germany for the Reciprocal Recognition
and Enforcement of Judgments, Settlements and Authentic Instruments in
Civil and Commercial Matters, signed in Athens on 4 November 1961,
— the Convention between Belgium and Italy on the Recognition and
Enforcement of Judgments and other Enforceable Instruments in Civil and
Commercial Matters, signed at Rome on 6 April 1962,
— the Convention between the Netherlands and Germany on the Mutual
Recognition and Enforcement of Judgments and Other Enforceable Instruments
in Civil and Commercial Matters, signed at The Hague on 30 August 1962,
— the Convention between the Netherlands and Austria on the Reciprocal
Recognition and Enforcement of Judgments and Authentic Instruments in
Civil and Commercial Matters, signed at The Hague on 6 February 1963,
— the Convention between the United Kingdom and the Republic of
Italy for the reciprocal recognition and enforcement of judgments in civil
and commercial matters, signed at Rome on 7 February 1964, with amending
Protocol signed at Rome on 14 July 1970,
— the Convention between France and Austria on the Recognition and
Enforcement of Judgments and Authentic Instruments in Civil and Commercial
Matters, signed at Vienna on 15 July 1966,
— the Convention between the United Kingdom and the Kingdom of the
Netherlands providing for the reciprocal recognition and enforcement of
judgments in civil matters, signed at The Hague on 17 November 1967,
— the Convention between Spain and France on the Recognition and
Enforcement of Judgment Arbitration Awards in Civil and Commercial Matters,
signed at Paris on 28 May 1969,
— the Convention between Luxembourg and Austria on the Recognition
and Enforcement of Judgments and Authentic Instruments in Civil and Commercial
Matters, signed at Luxembourg on 29 July 1971,
— the Convention between Italy and Austria on the Recognition and
Enforcement of Judgments in Civil and Commercial Matters, of Judicial
Settlements and of Authentic Instruments, signed at Rome on 16 November
1971,
— the Convention between Spain and Italy regarding Legal Aid and
the Recognition and Enforcement of Judgments in Civil and Commercial Matters,
signed at Madrid on 22 May 1973,
— the Convention between Finland, Iceland, Norway, Sweden and Denmark
on the Recognition and Enforcement of Judgments in Civil Matters, signed
at Copenhagen on 11 October 1977,
— the Convention between Austria and Sweden on the Recognition and
Enforcement of Judgments in Civil Matters, signed at Stockholm on 16 September
1982,
— the Convention between Spain and the Federal Republic of Germany
on the Recognition and Enforcement of Judgments, Settlements and Enforceable
Authentic Instruments in Civil and Commercial Matters, signed at Bonn
on 14 November 1983,
— the Convention between Austria and Spain on the Recognition and
Enforcement of Judgments, Settlements and Enforceable Authentic Instruments
in Civil and Commercial Matters, signed at Vienna on 17 February 1984,
— the Convention between Finland and Austria on the Recognition
and Enforcement of Judgments in Civil Matters, signed at Vienna on 17
November 1986, and
— the Treaty between Belgium, the Netherlands and Luxembourg in
Jurisdiction, Bankruptcy, and the Validity and Enforcement of Judgments,
Arbitration Awards and Authentic Instruments, signed at Brussels on 24
November 1961, in so far as it is in force,
— the Convention between the Czechoslovak Republic and Portugal
on the Recognition and Enforcement of Court Decisions, signed at Lisbon
on 23 November 1927, still in force between the Czech Republic and Portugal,
— the Convention between the Federative People's Republic of Yugoslavia
and the Republic of Austria on Mutual Judicial Cooperation, signed at
Vienna on 16 December 1954,
— the Convention between the Polish People's Republic and the Hungarian
People's Republic on the Legal Assistance in Civil, Family and Criminal
Matters, signed at Budapest on 6 March 1959,
— the Convention between the Federative People's Republic of Yugoslavia
and the Kingdom of Greece on the Mutual Recognition and Enforcement of
Judgments, signed at Athens on 18 June 1959,
— the Convention between the Polish People's Republic and the Federative
People's Republic of Yugoslavia on the Legal Assistance in Civil and Criminal
Matters, signed at Warsaw on 6 February 1960, now in force between Poland
and Slovenia,
— the Agreement between the Federative People's Republic of Yugoslavia
and the Republic of Austria on the Mutual Recognition and Enforcement
of Arbitral Awards and Arbitral Settlements in Commercial Matters, signed
at Belgrade on 18 March 1960,
— the Agreement between the Federative People's Republic of Yugoslavia
and the Republic of Austria on the Mutual Recognition and Enforcement
of Decisions in Alimony Matters, signed at Vienna on 10 October 1961,
— the Convention between Poland and Austria on Mutual Relations
in Civil Matters and on Documents, signed at Vienna on 11 December 1963,
— the Treaty between the Czechoslovak Socialist Republic and the
Socialist Federative Republic of Yugoslavia on Settlement of Legal Relations
in Civil, Family and Criminal Matters, signed at Belgrade on 20 January
1964, still in force between the Czech Republic, Slovakia and Slovenia,
— the Convention between Poland and France on Applicable Law, Jurisdiction
and the Enforcement of Judgments in the Field of Personal and Family Law,
concluded in Warsaw on 5 April 1967,
— the Convention between the Governments of Yugoslavia and France
on the Recognition and Enforcement of Judgments in Civil and Commercial
Matters, signed at Paris on 18 May 1971,
— the Convention between the Federative Socialist Republic of Yugoslavia
and the Kingdom of Belgium on the Recognition and Enforcement of Court
Decisions in Alimony Matters, signed at Belgrade on 12 December 1973,
— the Convention between Hungary and Greece on Legal Assistance
in Civil and Criminal Matters, signed at Budapest on 8 October 1979,
— the Convention between Poland and Greece on Legal Assistance in
Civil and Criminal Matters, signed at Athens on 24 October 1979,
— the Convention between Hungary and France on Legal Assistance
in Civil and Family Law, on the Recognition and Enforcement of Decisions
and on Legal Assistance in Criminal Matters and on Extradition, signed
at Budapest on 31 July 1980,
— the Treaty between the Czechoslovak Socialist Republic and the
Hellenic Republic on Legal Aid in Civil and Criminal Matters, signed at
Athens on 22 October 1980, still in force between the Czech Republic,
Slovakia and Greece,
— the Convention between the Republic of Cyprus and the Hungarian
People's Republic on Legal Assistance in Civil and Criminal Matters, signed
at Nicosia on 30 November 1981,
— the Treaty between the Czechoslovak Socialistic Republic and the
Republic of Cyprus on Legal Aid in Civil and Criminal Matters, signed
at Nicosia on 23 April 1982, still in force between the Czech Republic,
Slovakia and Cyprus,
— the Agreement between the Republic of Cyprus and the Republic
of Greece on Legal Cooperation in Matters of Civil, Family, Commercial
and Criminal Law, signed at Nicosia on 5 March 1984,
— the Treaty between the Government of the Czechoslovak Socialist
Republic and the Government of the Republic of France on Legal Aid and
the Recognition and Enforcement of Judgments in Civil, Family and Commercial
Matters, signed at Paris on 10 May 1984, still in force between the Czech
Republic, Slovakia and France,
— the Agreement between the Republic of Cyprus and the Socialist
Federal Republic of Yugoslavia on Legal Assistance in Civil and Criminal
Matters, signed at Nicosia on 19 September 1984, now in force between
Cyprus and Slovenia,
— the Treaty between the Czechoslovak Socialist Republic and the
Italian Republic on Legal Aid in Civil and Criminal Matters, signed at
Prague on 6 December 1985, still in force between the Czech Republic,
Slovakia and Italy,
— the Treaty between the Czechoslovak Socialist Republic and the
Kingdom of Spain on Legal Aid, Recognition and Enforcement of Court Decisions
in Civil Matters, signed at Madrid on 4 May 1987, still in force between
the Czech Republic, Slovakia and Spain,
— the Treaty between the Czechoslovak Socialist Republic and the
Polish People's Republic on Legal Aid and Settlement of Legal Relations
in Civil, Family, Labour and Criminal Matters, signed at Warsaw on 21
December 1987, still in force between the Czech Republic, Slovakia and
Poland,
— the Treaty between the Czechoslovak Socialist Republic and the
Hungarian People's Republic on Legal Aid and Settlement of Legal Relations
in Civil, Family and Criminal Matters, signed at Bratislava on 28 March
1989, still in force between the Czech Republic, Slovakia and Hungary,
— the Convention between Poland and Italy on Judicial Assistance
and the Recognition and Enforcement of Judgments in Civil Matters, signed
at Warsaw on 28 April 1989,
— the Treaty between the Czech Republic and the Slovak Republic
on Legal Aid provided by Judicial Bodies and on Settlements of Certain
Legal Relations in Civil and Criminal Matters, signed at Prague on 29
October 1992,
— the Agreement between the Republic of Latvia, the Republic of
Estonia and the Republic of Lithuania on Legal Assistance and Legal Relationships,
signed at Tallinn on 11 November 1992,
— the Agreement between the Republic of Poland and the Republic
of Lithuania on Legal Assistance and Legal Relations in Civil, Family,
Labour and Criminal Matters, signed in Warsaw on 26 January 1993,
— the Agreement between the Republic of Latvia and the Republic
of Poland on Legal Assistance and Legal Relationships in Civil, Family,
Labour and Criminal Matters, signed at Riga on 23 February 1994,
— the Agreement between the Republic of Cyprus and the Republic
of Poland on Legal Cooperation in Civil and Criminal Matters, signed at
Nicosia on 14 November 1996, and
— the Agreement between Estonia and Poland on Granting Legal Assistance
and Legal Relations on Civil, Labour and Criminal Matters, signed at Tallinn
on 27 November 1998,
— the Convention between Bulgaria and Belgium on certain Judicial
Matters, signed at Sofia on 2 July 1930,
— the Agreement between the People's Republic of Bulgaria and the
Federative People's Republic of Yugoslavia on Mutual Legal Assistance,
signed at Sofia on 23 March 1956, still in force between Bulgaria and
Slovenia,
— the Treaty between the People's Republic of Romania and the People's
Republic of Hungary on Legal Assistance in Civil, Family and Criminal
Matters, signed at Bucharest on 7 October 1958,
— the Treaty between the People's Republic of Romania and the Czechoslovak
Republic on Legal Assistance in Civil, Family and Criminal Matters, signed
at Prague on 25 October 1958, still in force between Romania and Slovakia,
— the Agreement between the People's Republic of Bulgaria and the
Romanian People's Republic on Legal Assistance in Civil, Family and Criminal
Matters, signed at Sofia on 3 December 1958,
— the Treaty between the People's Republic of Romania and the Federal
People's Republic of Yugoslavia on Legal Assistance, signed at Belgrade
on 18 October 1960 and its Protocol, still in force between Romania and
Slovenia,
— the Agreement between the People's Republic of Bulgaria and the
Polish People's Republic on Legal Assistance and Legal Relations in Civil,
Family and Criminal Matters, signed at Warsaw on 4 December 1961,
— the Convention between the Socialist Republic of Romania and the
Republic of Austria on Legal Assistance in Civil and Family law and the
Validity and Service of Documents and its annexed Protocol, signed at
Vienna on 17 November 1965,
— the Agreement between the People's Republic of Bulgaria and the
Hungarian People's Republic on Legal Assistance in Civil, Family and Criminal
Matters, signed at Sofia on 16 May 1966,
— the Convention between the Socialist Republic of Romania and the
Hellenic Republic on Legal Assistance in Civil and Criminal Matters and
its Protocol, signed at Bucharest on 19 October 1972,
— the Convention between the Socialist Republic of Romania and the
Italian Republic on Judicial Assistance in Civil and Criminal Matters,
signed at Bucharest on 11 November 1972,
— the Convention between the Socialist Republic of Romania and the
French Republic on Legal Assistance in Civil and Commercial Matters, signed
at Paris on 5 November 1974,
— the Convention between the Socialist Republic of Romania and the
Kingdom of Belgium on Legal Assistance in Civil and Commercial Matters,
signed at Bucharest on 30 October 1975,
— the Agreement between the People's Republic of Bulgaria and the
Hellenic Republic on Legal Assistance in Civil and Criminal Matters, signed
at Athens on 10 April 1976,
— the Agreement between the People's Republic of Bulgaria and the
Czechoslovak Socialist Republic on Legal Assistance and Settlement of
Relations in Civil, Family and Criminal Matters, signed at Sofia on 25
November 1976,
— the Convention between the Socialist Republic of Romania and the
United Kingdom of Great Britain and Northern Ireland on Legal Assistance
in Civil and Commercial Matters, signed at London on 15 June 1978,
— the Additional Protocol to the Convention between the Socialist
Republic of Romania and the Kingdom of Belgium on Legal Assistance Civil
and Commercial Matters, signed at Bucharest on 30 October 1979,
— the Convention between the Socialist Republic of Romania and the
Kingdom of Belgium on Recognition and Enforcement of Decisions in Alimony
Obligations, signed at Bucharest on 30 October 1979,
— the Convention between the Socialist Republic of Romania and the
Kingdom of Belgium on Recognition and Enforcement of Divorce Decisions,
signed at Bucharest on 6 November 1980,
— the Agreement between the People's Republic of Bulgaria and the
Republic of Cyprus on Legal Assistance in Civil and Criminal Matters,
signed at Nicosia on 29 April 1983,
— the Agreement between the Government of the People's Republic
of Bulgaria and the Government of the French Republic on Mutual Legal
Assistance in Civil Matters, signed at Sofia on 18 January 1989,
— the Agreement between the People's Republic of Bulgaria and the
Italian Republic on Legal Assistance and Enforcement of Decisions in Civil
Matters, signed at Rome on 18 May 1990,
— the Agreement between the Republic of Bulgaria and the Kingdom
of Spain on Mutual Legal Assistance in Civil Matters, signed at Sofia
on 23 May 1993,
— the Treaty between Romania and the Czech Republic on Judicial
Assistance in Civil Matters, signed at Bucharest on 11 July 1994,
— the Convention between Romania and the Kingdom of Spain on Jurisdiction,
Recognition and Enforcement of Decisions in Civil and Commercial Matters,
signed at Bucharest on 17 November 1997,
— the Convention between Romania and the Kingdom of Spain —
complementary to the Hague Convention relating to civil procedure law
(Hague, 1 March 1954), signed at Bucharest on 17 November 1997,
— the Treaty between Romania and the Republic of Poland on Legal
Assistance and Legal Relations in Civil Cases, signed at Bucharest on
15 May 1999.
Article 70 Brussels I Regulation in relation to other
(multilateral or bilateral) Conventions between Member States on matters
not covered by the Regulation
- 1. The Treaty and the Conventions referred
to in Article 69 shall continue to have effect in relation to matters
to which this Regulation does not apply.
- 2. They shall continue to have effect in
respect of judgments given and documents formally drawn up or registered
as authentic instruments before the entry into force of this Regulation.
Article 71 Brussels I Regulation in relation to other
Conventions between Member States on particular matters of jurisdiction,
recognition and enforcement
- 1. This Regulation shall not affect any conventions
to which the Member States are parties and which in relation to particular
matters govern jurisdiction or the recognition or enforcement of judgments.
- 2. With a view to its uniform interpretation,
paragraph 1 shall be applied in the following manner:
(a) this Regulation shall not prevent a court
of a Member State, which is a party to a convention on a particular matter,
from assuming jurisdiction in accordance with that convention, even where
the defendant is domiciled in another Member State which is not a party
to that convention. The court hearing the action shall, in any event,
apply Article 26 of this Regulation;
(b) judgments given in a Member State by a
court in the exercise of jurisdiction provided for in a convention on
a particular matter shall be recognised and enforced in the other Member
States in accordance with this Regulation.
Where a convention on a particular matter to which both the Member State
of origin and the Member State addressed are parties lays down conditions
for the recognition or enforcement of judgments, those conditions shall
apply. In any event, the provisions of this Regulation which concern the
procedure for recognition and enforcement of judgments may be applied.
Article 72 Relation to other Conventions imposing
an obligation not to recognise judgments given in another State
This Regulation shall not affect agreements by which Member States undertook,
prior to the entry into force of this Regulation pursuant to Article 59
of the Brussels Convention, not to recognise judgments given, in particular
in other Contracting States to that Convention, against defendants domiciled
or habitually resident in a third country where, in cases provided for
in Article 4 of that Convention, the judgment could only be founded on
a ground of jurisdiction specified in the second paragraph of Article
3 of that Convention.
Article 73 Report of the Commission on the application
of this Regulation
No later than five years after the entry into force of this Regulation,
the Commission shall present to the European Parliament, the Council and
the Economic and Social Committee a report on the application of this
Regulation. The report shall be accompanied, if need be, by proposals
for adaptations to this Regulation.
Article 74 Procedure for revision of the Annexes;
adaptation of amended Annexes
- 1. The Member States shall notify the Commission
of the texts amending the lists set out in Annexes I to IV. The Commission
shall adapt the Annexes concerned accordingly.
- 2. The updating or technical adjustments
of the forms, specimens of which appear in Annexes V and VI, shall be
adopted by the Commission. Those measures, designed to amend non-essential
elements of this Regulation, shall be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 75(2).
Article 75 Committee to assist the Commission
- 1. The Commission shall be assisted by a
committee.
- 2. Where reference is made to this paragraph,
Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply,
having regard to the provisions of Article 8 thereof.
Article 76 Entry into force
This Regulation shall enter into force on l March 2002.
This Regulation is binding in its entirety and directly applicable in
the Member States in accordance with the Treaty establishing the European
Community.
See Annex I -VI (click and go to the end of the document in the right
frame)
( 1 ) OJ C 376, 28.12.1999, p. 1.
( 2 ) Opinion delivered on 21 September 2000 (not yet published in the
Official Journal).
( 3 ) OJ C 117, 26.4.2000, p. 6.
( 4 ) OJ L 299, 31.12.1972, p. 32.
OJ L 304, 30.10.1978, p. 1.
OJ L 388, 31.12.1982, p. 1.
OJ L 285, 3.10.1989, p. 1.
OJ C 15, 15.1.1997, p. 1.
For a consolidated text, see OJ C 27, 26.1.1998, p.
1.
( 5 ) OJ L 204, 2.8.1975, p. 28.
OJ L 304, 30.10.1978, p. 1.
OJ L 388, 31.12.1982, p. 1.
OJ L 285, 3.10.1989, p. 1.
OJ C 15, 15.1.1997, p. 1.
For a consolidated text see OJ C 27, 26.1.1998, p. 28.
( 6 ) OJ L 184, 17.7.1999, p. 23.
( 7 ) OJ L 228, 16.8.1973, p. 3. Directive as last amended by Directive
2000/26/EC of the European Parliament and of the Council (OJ L 181, 20.7.2000,
p. 65).
( 8 ) OJ L 172, 4.7.1988, p. 1. Directive as last amended by Directive
2000/26/EC.
( 9 ) OJ L 330, 29.11.1990, p. 44.
( 10 ) OJ L 160, 30.6.2000, p. 37.