EU Private International Law

EU Private International Law

Second Edition

Elgar European Law series

Peter Stone

This thoroughly revised and updated second edition analyses in detail the current development of private international law at European Union level.

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, which is generally known as the Brussels I Regulation.1 The Regulation has replaced the Brussels Convention of 27th September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, which is generally known as the Brussels Convention. It is on the Brussels I Regulation that this part (Chapters 2–11) of the present work is mainly focused. The Brussels I Regulation was adopted by the EC Council on 22nd December 2000. It entered into force on 1st March 2002 for the fourteen then Member States other than Denmark;2 on 1st May 2004 for the ten States which joined the Community on that date;3 on 1st January 2007 for Bulgaria and Romania;4 and on 1st July 2007 for Denmark.5 Thus the Regulation now applies in and between all the EC Member States. 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.6 It also extends to fixed or floating installations positioned on 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 Recitals 20–21 and Article 1(3) of...

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