EU Private International Law

EU Private International Law

Third Edition

Elgar European Law series

Peter Stone

Thoroughly revised and updated, this third edition of EU Private International Law incorporates many developments in legislation and case-law since the publication of the second edition in 2010. Building on the book’s reputation for comprehensive coverage and attention to detail, Peter Stone provides an authoritative and accessible introduction to the subject.

Chapter 2: History, outline and scope

Peter Stone

Subjects: law - academic, european law, private international law

Extract

The most important Community instrument in the sphere of private international law is the Brussels I Regulation on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters. The original version of the Brussels I Regulation was adopted by the EC Council as Regulation 44/2001 on 22nd December 2000. It entered into force on 1st March 2002 for the 14 then existing Member States other than Denmark; on 1st May 2004 for the ten then acceding Member States; on 1st January 2007 for Bulgaria and Romania; on 1st July 2007 for Denmark; and on 1st July 2013 for Croatia. Thus the Regulation now applies in and between all the EU Member States. It replaced the Brussels Convention of 27th September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, which is commonly referred to as the Brussels Convention. A revised version of the Brussels I Regulation was adopted by the EU Parliament and Council as Regulation 1215/2012 on 12th December 2012. This will replace the original version when it becomes applicable on 10th January 2015. The revised version will apply in all the Member States other than Denmark, and is expected to be extended to Denmark by means of a notification by Denmark under Article 3 of the Agreement of 19th October 2005 between the European Community and Denmark. The most important changes made by the revised version relate to jurisdiction clauses, concurrent proceedings and the enforcement of judgments.

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