Part II Which Instrument?, 2 Territorial Application
From: Choice-of-court Agreements under the European and International Instruments: The Revised Brussels I Regulation, the Lugano Convention, and the Hague Convention
Trevor C. Hartley
- Territorial Applications — Jurisdictional agreements and the Brussels Regulation — International Scope — Jurisdiction under the Lugano Convention — EU Rules — Judgments from courts of a member state — Recognition and enforcement of foreign judgments – Brussels and Lugano Conventions
2.01 The first question is the States (and other entities) to which the instruments apply.1 2.02 As a Union act, the Regulation (2000 and 2012) applies in principle to all the Member States. However, special consideration must be given to Ireland, the United Kingdom, and Denmark. 2.03 The Brussels Regulation 2000 was adopted under what was then Article 61(c) of the Treaty Establishing the European Community (TEC), which referred to Article 65 TEC. These provisions were in Title IV of Part Three of the TEC. As Article 69 TEC made clear, all the provisions of Title...