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EU Commission Position Paper on Judicial Cooperation in Civil and Commercial and Brexit: Main Principles

On June 28, 2017, the Task Force of the European Commission has released and transmitted to EU27 the Position Paper on Judicial Cooperation in Civil and Commercial Matters, containing the main principles in view of the preparation and conduct of the negotiations with the United Kingdom under Article 50 TEU (“Brexit”).

The Position Paper has been discussed at the Council Working party (Art. 50) on June 29, 2017.

Main Principles:

  • The Withdrawal Agreement should ensure that the relevant provisions of Union law on jurisdiction, recognition and enforcement applicable on the withdrawal date continue to govern judicial proceedings and procedures in civil and commercial matters pending on the withdrawal date.
  • The relevant provisions of Union law applicable on the withdrawal date should continue to apply to choices of forum and choices of law made prior the withdrawal date.
  • Judicial cooperation procedures that are ongoing on the withdrawal date should continue to be governed by the relevant provisions of Union law applicable on the withdrawal date.

The full text of the Position Paper 

 

Updated: July 1, 2017 — 9:01 pm

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