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). It 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. (Although the Brussels Regulation is not directly applicable to Denmark, it was 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 Regulation (EU) 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) (Recast Brussels 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)). The Recast Brussels Regulation will apply from 10 January 2015 (with the exception of Articles 75 and 76, which apply from 10 January 2014). Denmark is not bound by its application (see recital 41), but on 20 December 2012, Denmark notified the European Commission of its decision to implement the Recast Brussels Regulation (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)). The agreement between the European Community and Denmark, published in the Official Journal on 21 March 2013 (OJ L 79/4) indicates that the Recast Brussels Regulation will be applied to relations between the EU and Denmark, and that Denmark will notify the Commission of the date when the necessary implementing legislation enters force.

For further information, 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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