12 Provisional Measures »
Arnaud Nuyts
From: The Brussels I Regulation Recast
Edited By: Andrew Dickinson, Eva Lein, Andrew James (Assistant Editor)
This chapter discusses Art 35 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council on Jurisdiction and the Recognition and Enforcement of Judgments (Recast). Art 35 is an exception to the principle that jurisdiction can only be established under the grounds of jurisdiction provided for in the Regulation itself, namely those spelt out in Arts 4 and 7-26 of the Regulation. Topics covered include the two-track jurisdictional system for provisional measures, the notion of provisional and protective measures, and the territorial restriction.
2 Scope and Definitions »
Martin Illmer, Arnaud Nuyts, Jonathan Fitchen
From: The Brussels I Regulation Recast
Edited By: Andrew Dickinson, Eva Lein, Andrew James (Assistant Editor)
This chapter first discusses Arts 1-3 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 presents definitions of the following terms: ‘judgment’, ‘court settlement’, ‘authentic instrument’, ‘Member State of origin’, ‘court of origin’, and extended meaning of the term ‘court’.
