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Brussels Regime
The Brussels Regime is a set of rules regulating which courts have jurisdiction in legal disputes of a civil or commercial nature between individuals resident in different member states of the European Union (EU) and the European Free Trade Association (EFTA). It has detailed rules assigning jurisdiction for the dispute to be heard and governs the recognition and enforcement of foreign judgments.
Five legal instruments together form the Brussels Regime. All five legal instruments are broadly similar in content and application, with differences in their territory of application. They establish a general rule that individuals are to be sued in their state of domicile and then proceed to provide a list of exceptions. The instruments further provide for the recognition of judgments made in other countries.
Recognition and enforcement of judgments in civil and commercial cases was originally accomplished within the European Communities by the 1968 Brussels Convention, a treaty signed by the then six members of the Communities. This treaty was amended on several occasions and was almost completely superseded by a regulation adopted in 2001, the Brussels I Regulation. Today the convention only applies between the 15 pre-2004 members of the European Union and certain territories of EU member states that are outside the Union: Aruba, the French overseas territories and Mayotte. It is intended that the Brussels Convention will be replaced by the new Lugano Convention, the latter being open to ratification by EU member states acting on behalf of non-European territories which belong to that member state.
In 1988, the then 12 member states of the European Communities signed a treaty, the Lugano Convention with the then six members of the European Free Trade Association: Austria, Finland, Iceland, Norway, Sweden and Switzerland. The Lugano Convention served to extend the recognition regime to EFTA member state who are not eligible to sign the Brussels Convention. Other than the original signatories–three of which left EFTA to join the EU in 1995–only Poland has subsequently acceded to the Lugano Convention. Liechtenstein, the only state to accede to the EFTA after 1988, has not signed either the 1988 Convention or its successor, the 2007 Lugano Convention. The convention is fully superseded by a 2007 version.
The Brussels I Regulation of 2001 was the primary piece of legislation in the Brussels framework from 2002 until January 2015. It substantially replaced the 1968 Brussels Convention, and applied to all EU member states excluding Denmark, which has a full opt-out from implementing regulations under the area of freedom, security and justice. It came into effect on 1 March 2002. The regulation is fully superseded by a recast Brussels I regulation.
In 2005, Denmark signed an international agreement with the European Community to apply the provisions of the 2001 Regulation between the EU and Denmark. The 2005 agreement applies a modified form of the 2001 Regulation between Denmark and the rest of the EU. It also provides a procedure by which amendments to the regulation are to be implemented by Denmark. It applies the 2001 regulation to Denmark and other EU members from 1 July 2007. Should Denmark decide not to implement any change to the Regulation or its successor, then the Agreement ends automatically.
In 2007, the European Community and Denmark signed with Iceland, Switzerland and Norway the new Lugano Convention. This treaty was intended to replace both the old Lugano Convention of 1988 and the Brussels Convention and as such was open to signature to both EFTA member states and to EU member state on behalf of their extra-EU territories. While the former purpose was achieved in 2011 with the ratification of all EFTA member states (bar Liechtenstein which never signed the 1988 Convention), no EU member state has yet acceded to the convention on behalf of its extra-EU territories.
The 2007 Convention is substantially the same as the 2001 Brussels I Regulation: the main difference being that the word "Regulation" is replaced with the word "Convention" throughout the text. Furthermore, the convention has a slightly different definition of the concept "court" and the 2007 convention is not adapted to the recast of the Brussels Regulation. It is also open to accession by other EFTA states as well as EU states acting on behalf of territories which are not part of the EU. Other states may join subject to approval of the present parties to the treaty. No accessions have taken place so far, but the Kingdom of the Netherlands planned to present to parliament an approval act for accession on behalf of Aruba, Caribbean Netherlands, Curaçao and possibly Sint Maarten in 2014.
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Brussels Regime
The Brussels Regime is a set of rules regulating which courts have jurisdiction in legal disputes of a civil or commercial nature between individuals resident in different member states of the European Union (EU) and the European Free Trade Association (EFTA). It has detailed rules assigning jurisdiction for the dispute to be heard and governs the recognition and enforcement of foreign judgments.
Five legal instruments together form the Brussels Regime. All five legal instruments are broadly similar in content and application, with differences in their territory of application. They establish a general rule that individuals are to be sued in their state of domicile and then proceed to provide a list of exceptions. The instruments further provide for the recognition of judgments made in other countries.
Recognition and enforcement of judgments in civil and commercial cases was originally accomplished within the European Communities by the 1968 Brussels Convention, a treaty signed by the then six members of the Communities. This treaty was amended on several occasions and was almost completely superseded by a regulation adopted in 2001, the Brussels I Regulation. Today the convention only applies between the 15 pre-2004 members of the European Union and certain territories of EU member states that are outside the Union: Aruba, the French overseas territories and Mayotte. It is intended that the Brussels Convention will be replaced by the new Lugano Convention, the latter being open to ratification by EU member states acting on behalf of non-European territories which belong to that member state.
In 1988, the then 12 member states of the European Communities signed a treaty, the Lugano Convention with the then six members of the European Free Trade Association: Austria, Finland, Iceland, Norway, Sweden and Switzerland. The Lugano Convention served to extend the recognition regime to EFTA member state who are not eligible to sign the Brussels Convention. Other than the original signatories–three of which left EFTA to join the EU in 1995–only Poland has subsequently acceded to the Lugano Convention. Liechtenstein, the only state to accede to the EFTA after 1988, has not signed either the 1988 Convention or its successor, the 2007 Lugano Convention. The convention is fully superseded by a 2007 version.
The Brussels I Regulation of 2001 was the primary piece of legislation in the Brussels framework from 2002 until January 2015. It substantially replaced the 1968 Brussels Convention, and applied to all EU member states excluding Denmark, which has a full opt-out from implementing regulations under the area of freedom, security and justice. It came into effect on 1 March 2002. The regulation is fully superseded by a recast Brussels I regulation.
In 2005, Denmark signed an international agreement with the European Community to apply the provisions of the 2001 Regulation between the EU and Denmark. The 2005 agreement applies a modified form of the 2001 Regulation between Denmark and the rest of the EU. It also provides a procedure by which amendments to the regulation are to be implemented by Denmark. It applies the 2001 regulation to Denmark and other EU members from 1 July 2007. Should Denmark decide not to implement any change to the Regulation or its successor, then the Agreement ends automatically.
In 2007, the European Community and Denmark signed with Iceland, Switzerland and Norway the new Lugano Convention. This treaty was intended to replace both the old Lugano Convention of 1988 and the Brussels Convention and as such was open to signature to both EFTA member states and to EU member state on behalf of their extra-EU territories. While the former purpose was achieved in 2011 with the ratification of all EFTA member states (bar Liechtenstein which never signed the 1988 Convention), no EU member state has yet acceded to the convention on behalf of its extra-EU territories.
The 2007 Convention is substantially the same as the 2001 Brussels I Regulation: the main difference being that the word "Regulation" is replaced with the word "Convention" throughout the text. Furthermore, the convention has a slightly different definition of the concept "court" and the 2007 convention is not adapted to the recast of the Brussels Regulation. It is also open to accession by other EFTA states as well as EU states acting on behalf of territories which are not part of the EU. Other states may join subject to approval of the present parties to the treaty. No accessions have taken place so far, but the Kingdom of the Netherlands planned to present to parliament an approval act for accession on behalf of Aruba, Caribbean Netherlands, Curaçao and possibly Sint Maarten in 2014.