Brussels Regime
| European Union regulation | |
| Title | Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) |
|---|---|
| Made by | European Parliament and Council |
| Made under | Article 67(4) and points (a), (c) and (e) of Article 81(2) TFEU |
| Journal reference | L351, 20 December 2012, pp. 1-32 |
| History | |
| Date made | 12 December 2012 |
| Came into force | 1 January 2013 |
| Implementation date | 10 January 2015 |
| Other legislation | |
| Replaces | Regulation (EC) No 44/2001 |
| Amended by | Regulation (EU) No 542/2014 |
| Current legislation | |
| European Union regulation | |
| Title | Council Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters |
|---|---|
| Made by | Council |
| Made under | Article 61(c) and Article 67(1) TEC |
| Journal reference | L012, 16 January 2001, pp. 1-23 |
| History | |
| Date made | 22 December 2000 |
| Came into force | 1 March 2002 |
| Other legislation | |
| Replaced by | (EU) No 1215/2012 |
| Recast with new legislation | |
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.
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 This treaty was amended on several occasions and has now been almost completely superseded by a regulation adopted in 2001, the Brussels I regulation.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 which are outside the Union: these being 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 neither signed the 1988 Convention nor its successor, the 2007 Lugano Convention.
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.
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