Andrew Dickinson and Eva Lein, The Brussels I Regulation Recast
| Pages | 240-242 |
| Author | |
| Published date | 01 May 2016 |
| DOI | 10.3366/elr.2016.0349 |
| Date | 01 May 2016 |
Regulation (EU) No 1215/2012 (hereinafter the ‘Brussels I Recast’) governs issues relating to jurisdiction and the recognition and enforcement of judgments between courts of EU member states in civil and commercial matters. The Brussels I Recast was adopted in 2012 after protracted discussions and came into force on 10 January 2015. It “applies to legal proceedings instituted, to authentic instruments formally drawn up or registered and to court settlements approved or concluded on or after 10 January 2015”. The Brussels I Recast has repealed the Brussels I Regulation 2000, which in turn replaced the Brussels Convention 1968. However, the Brussels I Regulation applies to “judgments given in legal proceedings instituted, to authentic instruments formally drawn up or registered and to court settlements approved or concluded before 10 January 2015”.
The adoption of the Brussels I Recast provides the opportunity for an in-depth analysis on the innovations contained therein. Therefore, this excellent book provides useful guidance on the interpretation and application of the rules. The book is written by seventeen distinguished scholars from all over Europe and it is divided into eighteen chapters covering the entire provisions of the Brussels I Recast. Each chapter takes account of the legislative history and, in particular, the Commission Proposal and the negotiations that took place during the recasting of the Brussels I Regulation, as well as the problems with the previous provisions and the novel provisions introduced in the final version of the Brussels I Recast.
The first chapter which comprises fifty-four pages is written by Andrew Dickinson. It sets out the objectives and purpose of the Brussels I Recast, the legislative history and the approach to interpretation, and its relationship with other EU instruments applicable to civil and commercial matters such as the Lugano Convention and the EC-Denmark Agreement. The chapter equally traces how the Brussels I Recast evolved from its predecessor the Brussels Convention and the Brussels I Regulation. Of particular importance is the brief summary of the novel provisions of the Brussels I Recast (15–16). This enables readers to quickly identify the changes introduced, but of course, one would have to read the relevant section of the book in order fully to understand the legislative process and the reason for the changes contained in the final version of the Regulation.
In chapter 2, the scope and definitions...
To continue reading
Request your trial