Regulation (EU) No. 1215/2012 (Brussels Ia)

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Regulation (EU) No. 1215/2012

Title: Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of December 12, 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
Designation:
(not official) 		Brussels Ia
Scope: EU
Legal matter: civil right
Basis: TFEU , in particular Art. 67 Paragraph 4 and Art. 81 Paragraph 2 lit. a, c and e
Procedure overview: European Commission
European Parliament
IPEX Wiki
To be used from: January 10, 2015
Reference: OJ L 351 of December 20, 2012, pp. 1–32
Full text Consolidated version (not official)
basic version
Regulation has entered into force and is applicable.
Please note the information on the current version of legal acts of the European Union !

The EU regulation No. 1215/2012 , in the wording of the regulation of the European Parliament and of the Council of December 12, 2012 on jurisdiction and the recognition and enforcement of decisions in civil and commercial matters , abbreviations EuGVVO , EuGVO or Brussels Ia regulation , from December 12, 2012 (published in the Official Journal of the European Communities L 351/01, 1) governs the international jurisdiction of the courts against a defendant who is resident in a Union Member State of the EU has, and the recognition and enforcement of judgments in Civil and commercial matters from other Member States.

history

The Brussels Ia regulation builds directly on the regulation EG / 44/2001 of December 22nd, 2000 and according to the wording in the title of the regulation is a new version (regulation EG / 44/2001 ). The first EuGVVO (VO EC / 44/2001) came into force on 1 March 2002, replacing the previously as international law treaty in force Convention on jurisdiction and the enforcement of judgments in civil and commercial matters ( the Brussels Convention ) between most EU member states (excluding Ireland , United Kingdom and Denmark ).

Regulation 1215/2012 only applies to the member states of the European Union . For the EFTA states (i.e. Iceland, Norway, Switzerland, but not Liechtenstein), the Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters ( LGVÜ ) , which is almost literally the same as the EUGVÜ, applies .

Denmark agreed with the Community on October 19, 2005 under international law that the EuGVVO (Brussels I = Regulation EG / 44/2001) will also apply for and in relation to Denmark. This agreement entered into force on July 1, 2007. Subsequent amendments and agreements that are concluded on the basis of the EuGVVO were therefore not automatically binding for Denmark, but only after a new agreement was concluded. However, according to recital 41 of Regulation EU / 1215/2012, Denmark is free to apply the new regulation voluntarily until further notice. Denmark has expressly declared its application with regard to Regulation 1215/2012 and Regulation 1215/2012 is therefore also applicable to Denmark.

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 superseded by the EuGVVO in its area of ​​application. 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 .

Significant changes to Regulation EU / 1215/2012

The most important changes from Regulation EU / 1215/2012 to Regulation EG / 44/2001 concern:

  • State acts of sovereignty are now expressly excluded from the scope of application according to Art. 1 Para.
  • Property regimes with a comparable effect as matrimonial property regimes are expressly excluded from the regulation (previously disputed);
  • Abolition of the exequatur procedure ;
  • Attempt to prevent so-called " torpedo suits " in connection with agreements on the place of jurisdiction;
  • Opening of an EU place of jurisdiction for consumers and employees in legal disputes in relation to companies and employers from third countries (under certain conditions).

Regulations

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

literature

Textbooks

Comments

  • 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. ↑ See recitals 8 and 41 of Regulation EU / 1215/2012.
  2. ↑ Ireland and Great Britain have submitted to the new regulation - see Recital 40 of Regulation EU / 1215/2012.
  3. ↑ Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (Lugano Convention)
  4. ↑ See: OJ. No. L 299 of November 16, 2005, p. 62.
  5. ↑ See: OJ. No. L 94 of April 4, 2007, p. 70.
  6. ↑ See Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (PDF) , OJ L 79/4 of 21 March 2013.
  7. ↑ See also Recital 34 of Regulation EU / 1215/2012.
  8. ↑ See also ECJ in case C -292/05.
  9. ↑ A court that was initially seized, but which has no jurisdiction, is obliged to suspend the legal dispute as soon as the agreed and actually competent court is called upon for the same claim between the same parties. This is to prevent abusive process delay tactics.

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