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10 Examination as to Jurisdiction and Admissibility

Xandra Kramer

From: The Brussels I Regulation Recast

Edited By: Andrew Dickinson, Eva Lein, Andrew James (Assistant Editor)

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 18 April 2024

Limitations on jurisdiction — Admissibility

This chapter discusses Arts 27 and 28 included in Section 8 of Chapter II on the examination as to jurisdiction and admissibility. Arts 27 and 28 focus on the issue of whether jurisdiction rules have to be applied ex officio by the courts or only when a jurisdictional defence is raised by the parties. The chapter covers provisions on the role of national procedural law in establishing jurisdiction, obligation to decline jurisdiction where another Member State court has exclusive jurisdiction, and review of jurisdiction prior to granting a judgment in default of appearance.

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