EU Private International Law

EU Private International Law

Harmonization of Laws

Elgar European Law series

Peter Stone

This book focuses on harmonization of conflict laws at the European Community level, which has been driven by the introduction of a series of conventions and regulations. It offers critical assessment of these advances across four main areas of concern: civil jurisdiction and judgments; the law applicable to civil obligations; family law; and insolvency.

Chapter 2: History, Outline and Scope

Peter Stone

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


HISTORY The Brussels I Regulation The most important Community instrument in the sphere of private international law is Regulation 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (‘the Brussels I Regulation’).1 This was adopted on 22nd December 2000, and entered into force on 1st March 2002 for the fourteen then Member States other than Denmark. It applies from 1st May 2004 to the ten States which have joined the Community under the Treaty of Athens, signed on 16th April 2003.2 It replaces the Brussels Convention of 27th September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (‘the Brussels Convention’). It is on the Brussels I Regulation that this Part (Chapters 2–11) of the present work is mainly focussed. The Regulation applies in and between the EC Member States other than Denmark.3 It extends to the French overseas departments, which are treated as part of France, and to Gibraltar, which is treated as part of the United Kingdom.4 It also extends to fixed or floating installations positioned on or 1 For its text, see [2001] OJ L12/1. See also EC Council doc. 14139/00, JUSTCIV 137, 14th December 2000, containing various statements to be minuted in connection with the adoption of the Regulation. 2 See the Athens Act of Accession, Article 2. For minor adjustments, see the Athens Act of Accession, Annex II, Part 18(A)(3). The new Member States are: Poland; Hungary; the Czech Republic; Slovakia;...

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