3 Update to Chapter 5: Subject-Matter Scope: Specific Exclusions
From: Civil Jurisdiction and Judgments in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention - Online Update, January 2018
Trevor C Hartley
- Subject-matter scope — Specific exclusions — Jurisdiction under the Brussels II Regulation
Updating paragraph 5.08 Rights in property arising out of a matrimonial relationship: Brussels 2012, Article 1(2)(a).
N-5-1 Proceedings after divorce for the liquidation of property acquired during marriage do not come within the scope of Brussels 2012, as they concern matrimonial property regimes and are, therefore, covered by the exclusions listed in Article 1(2)(a) of the Regulation: Case C-67/17, Iliev, ECLI:EU:C:2017:459.
Updating paragraph 5.11 Bankruptcy: Brussels 2012, Article 1(2)(b).
N-5-2 An action in tort brought against the members of a committee of creditors because of their conduct in voting on a restructuring plan in insolvency proceedings is covered by Brussels 2012, Article 1(2)(b), and is therefore excluded from the subject-matter scope of the Regulation: Case C-649/16, Valach, ECLI:EU:C:2017:986.