Brussels Regulation

Council Regulation 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. This Regulation largely supersedes the 1968 Brussels Convention (www.practicallaw.com/0-205-5104) (except in relation to jurisdictional matters concerning dependant territories of Brussels Convention countries). The Brussels Regulation came into force on 1 March 2002 and sets out a system for the allocation of jurisdiction and the reciprocal enforcement of judgments between European Union (www.practicallaw.com/6-107-6562) member states (www.practicallaw.com/1-107-6833) and Denmark. (Note that although the Brussels Regulation is not directly applicable to Denmark, it has effectively been extended to Denmark by a separate agreement between the EU and Denmark which took effect on 1 July 2007.)

Proposals to reform the Brussels Regulation were carried out under the ordinary legislative process (formerly the co-decision procedure). The amendments to the Brussels Regulation were adopted in December 2012 and the recast Regulation was published in the Official Journal on 20 December 2012, entering into force 20 days later (see Legal update, Recast Brussels Regulation published in Official Journal (www.practicallaw.com/8-523-2802)). Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (Brussels Regulation (recast)) will start applying from 10 January 2015 (with the exception of Articles 75 and 76, which apply from 10 January 2014). Although Denmark did not participate in the reform process, on 20 December 2012, it notified the European Commission of its decision to implement Regulation (EU) 1215/2012. (For further information, see Legal update, Brussels Reform Regulation: Denmark notifies European Commission of its decision to opt in to Regulation (EU) 1215/2012 (www.practicallaw.com/3-525-3651).)

For further guidance, see Practice notes, Jurisdiction: an overview (www.practicallaw.com/3-502-0888) and Reciprocal enforcement of judgments (www.practicallaw.com/0-203-8930)..

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