Regulation (EC) No. 44/2001 (Brussels I)

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Regulation (EC) No. 44/2001

Title: Council Regulation (EC) No. 44/2001 of December 22, 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
Designation:
(not official)
Brussels I
Scope: EU
Legal matter: civil right
Procedure overview: European Commission
European Parliament
IPEX Wiki
To be used from: March 1, 2002
Replaced by: Regulation (EU) No. 1215/2012
Expiry: January 9, 2015
Reference: OJ L 12 of 16.1.2001, pp. 1–23
Full text Consolidated version (not official)
basic version
Regulation has expired.
Please note the information on the current version of legal acts of the European Union !

The EC Regulation No. 44/2001 , in the wording of the Council Regulation on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters , abbreviations EuGVVO , EuGVO or Brussels I Regulation , dated December 22, 2000 (published in the Official Journal of the European Communities L 12/01, p. 1) regulated the international jurisdiction of the courts against a defendant who is domiciled in a member state of the EU , as well as the recognition and enforcement of judgments in civil and commercial matters from other member states.

history

The Brussels I Regulation entered into force on 1 March 2002, replacing the extent that by then as international law treaty in force Convention on jurisdiction and the enforcement of judgments in civil and commercial matters ( the Brussels Convention ) . Since Denmark was initially excluded from the scope of the Brussels I Regulation ( Art. 1 (3) EuGVVO), the Brussels Convention continued to apply in this regard. The EuGVVO only applies to the member states of the European Union . For the EFTA -Staaten (ie Iceland, Norway, Switzerland, but not Liechtenstein) the content almost literally coinciding with the Brussels Convention applies Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ( the Lugano Convention ) .

Denmark agreed with the Community on October 19, 2005 under international law (OJ No. L 299 of November 16, 2005, p. 62) that the Brussels I Regulation shall also apply for and in relation to Denmark. This agreement entered into force on July 1, 2007 (OJ No. L 94 of April 4, 2007, p. 70). Subsequent amendments and agreements that are concluded on the basis of the Brussels I Regulation do not automatically become binding for Denmark, but only after a new agreement has been concluded.

The EuGVVO (European Jurisdiction and Enforcement Regulation) is basically interpreted solely by the European Court of Justice (ECJ). The courts of the Member States with the ultimate decision must therefore refer questions of interpretation to the ECJ in accordance with Art. 267 TFEU.

National law is being superseded by the EuGVVO. Only if the scope of the EuGVVO is not opened, national regulations take effect. This results from the fundamental priority of application of supranational EU law .

reform

The EuGVVO / EuGVO was amended on January 10, 2015 by Regulation (EU) No. 1215/2012 of the European Parliament and the Council of December 12, 2012 on jurisdiction and the recognition and enforcement of decisions in civil and commercial matters (OJ L 351 S 1, abbreviated to "Brussels-Ia-VO") replaced and repealed. However, it still applies to "old cases", i. H. in particular court proceedings that were initiated before January 10, 2015 (cf. Art. 66 (1) EuGVVO), but also for all titles that arise from proceedings that were initiated before this deadline. The enforceability requirement according to Art. 38 EuGVVO old version still applies to these

Regulations

Regarding the content regulations: → International civil procedure law (EU)

literature

Textbooks

Comments

  • Dietmar Czernich, Stefan Tiefenthaler, Georg E. Kodek : short comment. European jurisdiction and enforcement law. EuGVO and Lugano Convention . 2nd updated edition. LexisNexis ARD Orac, Vienna 2003, ISBN 3-7007-2231-1 .
  • Reinhold Geimer, Rolf A. Schütze: European civil procedure law . 2nd Edition. CH Beck, Munich 2004, ISBN 3-406-51015-9 .
  • Jan Kropholler : European civil procedural law. Commentary on EuGVO, Lugano Convention and European Enforcement Order . 8th edition. Verlag Recht und Wirtschaft, Frankfurt am Main 2005, ISBN 3-8005-1423-0 .
  • Thomas Simons, Rainer Hausmann: unalex Commentary Brussels I Regulation: Commentary on Regulation (EC) 44/2001 and on the Lugano Convention . IPR Verlag, Munich 2013, ISBN 3-929942-13-5 .

Magazine articles

To reform

  • Pohl: The new version of the EuGVVO - in the area of ​​tension between trust and control. IPrax 2013, 109
  • Wagner: Current developments in judicial cooperation in civil matters. NJW 2012, 1333

See also

Individual evidence

  1. Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (Lugano Convention)
  2. Hüßstege in Thomas / Putzo, ZPO, 34th edition 2013, EuGVVO Vorbem. Marg. 15th
  3. Reinhold Geimer: Art. 39 EUGVVO Rn. 4 mwN In: Zöller, Code of Civil Procedure . 31st edition. 2016, ISBN 978-3-504-47022-7 .

Web links