Jurisdiction: 2001 Brussels Regulation

This note explains the jurisdictional rules in Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (2001 Brussels Regulation), and the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters of 30 October 2007 (2007 Lugano Convention).

The 2001 Brussels Regulation regulates jurisdiction in civil and commercial matters, principally where the defendant is domiciled in an EU member state, but also on the basis of other factors. It has been largely superseded by the Recast Brussels Regulation ((EU) 1215/2012). However, the 2001 Brussels Regulation applies to (1) proceedings instituted after 1 March 2001 (the date of its entry into force for the UK) but before 10 January 2015, and (2) to the enforcement of judgments given in proceedings instituted before 10 January 2015. Under the UK-EU withdrawal agreement, it continues to apply in the UK to proceedings and the enforcement of judgments falling within those temporal parameters.

For an overview of the broader framework of the English rules on jurisdiction, both under European legislation (where it applies) and the common law, see Practice note, Jurisdiction: an overview.