15 General Provisions »
Martin George, Jonathan Fitchen, Marie-Elodie Ancel
From: The Brussels I Regulation Recast
Edited By: Andrew Dickinson, Eva Lein, Andrew James (Assistant Editor)
This chapter discusses Arts 61-65 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council on Jurisdiction and the Recognition and Enforcement of Judgments (Recast). It covers provisions on the abolition of legalization requirements, the concept of domicile, legal representation before criminal courts, and third-party notices.
4 Special Jurisdiction »
Matthias Lehmann, Eva Lein, Pippa Rogerson, Marie-Elodie Ancel
From: The Brussels I Regulation Recast
Edited By: Andrew Dickinson, Eva Lein, Andrew James (Assistant Editor)
This chapter discusses Art 7 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council on Jurisdiction and the Recognition and Enforcement of Judgments (Recast), which contains seven grounds of special jurisdiction. These grounds are ‘special’ in so far as they are exceptions to the principle of sequitur forum rei established by Art 4 as the general principle of the Regulation in allowing claims to be brought in a forum different from the domicile of the defendant. The chapter covers provisions on jurisdiction for contractual matters; jurisdiction in matters relating to tort, delict, or quasi-delict; jurisdiction linked to criminal proceedings; jurisdiction for the retrieval of cultural objects; jurisdiction over establishments; and jurisdiction relating to trusts.
