11 Lis Pendens and Related Actions »
Pippa Rogerson, Matthias Lehmann, Francisco Garcimartin
From: The Brussels I Regulation Recast
Edited By: Andrew Dickinson, Eva Lein, Andrew James (Assistant Editor)
This chapter discusses the new Arts 29-34 (Section 9 of Chapter II) of the Recast Regulation, which are centrally important to the operation of the Regulation. It covers provisions on lis pendens and related actions in another Member State, lis pendens and exclusive jurisdiction, autonomous determination of the time at which the court was seized, and lis pendens and related actions in non-Member States.
17 Relationship with Other Instruments »
Pippa Rogerson, Andrea Bonomi, Martin Illmer
From: The Brussels I Regulation Recast
Edited By: Andrew Dickinson, Eva Lein, Andrew James (Assistant Editor)
This chapter discusses Arts 67-73 included in Chapter VIII of Regulation (EU) No 1215/2012 of the European Parliament and of the Council on Jurisdiction and the Recognition and Enforcement of Judgments (Recast). Chapter VII regulates the relationship between the Recast Regulation and other international instruments. Those include other EU legislation (Art 67), the 1968 Brussels Convention (Art 68), and other conventions to which Member States of the EU are party (Arts 69-73).
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.
