Brussels Regime

The EC Regulation No 44/2001, published in the wording of the Council Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, abbreviations EuGVVO, Brussels I and Brussels I Regulation, dated 22 December 2000 ( in the Official Journal of the European Communities L 12/ 01 P. 1) regulates international jurisdiction of the courts over a defendant who is domiciled in a Member State of the EU, and the recognition and enforcement of judgments in civil and commercial matters from other Member States.

History

The Brussels I Regulation entered into force on 1 March 2002 and replaced as far as the then accepted as international treaty Convention on jurisdiction and the enforcement of judgments in civil and commercial matters ( the Brussels Convention ). Since Denmark was initially excluded from the scope of the Brussels I Regulation (Article 1, paragraph 3 Brussels I Regulation ), was in this relationship further, the Brussels Convention. The Brussels I Regulation applies only in relation to the Member States of the European Union. For the EFTA countries ( ie Iceland, Norway, Switzerland, but not Liechtenstein ) refers to the content almost verbatim matching with the Brussels Convention, the Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ( Lugano Convention ).

Denmark has agreed under international law with the Community on 19 October 2005 (OJ No L 299 of 16 November 2005, p 62) that the Brussels I Regulation applies also for and in relation to Denmark. This agreement entered into force on 1 July 2007 (OJ No L 94 of 4 April 2007, p 70). Subsequent amendments and agreements that are closed due to the Brussels I Regulation, are not automatically binding on Denmark, but only after a new conclusion of an agreement.

The Brussels I Regulation (European Jurisdiction and Enforcement Regulation ) is basically designed solely by the European Court of Justice ( ECJ). Letztinstanzlich decisive courts of the Member States must therefore refer questions of interpretation to the ECJ under Article 267 TFEU.

National law is superseded by the Brussels I Regulation. Only when the scope of the Brussels I Regulation is not opened, engage national regulations. This follows from the fundamental primacy of the supranational EU law.

Regulations

Among the substantive rules: → International Civil Procedure Law ( EU)