The application of Brussels I (recast) in the legal practice of EU Member States – T.M.C. Asser Instituut

The application of Brussels I (recast) in the legal practice of EU Member States – T.M.C. Asser Instituut – May 1, 2016 – Mar 31 2018

The project concerns the application by the national legal orders of Regulation 1215/2012 (Brussels I recast) which became applicable on 10 January 2015. This Regulation introduces a number of important changes in comparison to Regulation 44/2001. This project will focus on four main novelties: 1) The application of jurisdiction rules vis-à-vis third country defendants (in particular in regard of consumer and employment contracts) 2) The application of the choice of forum rule 3) The application of the lis pendens rules 4) The functioning of the enforcement rules, abolishing exequatur (including judgments granting provisional and protective measures) The general problem the project seeks to investigate is the functioning of new EU PIL legislation in the legal practice of the national legal orders and factors that contribute to successful implementation.

Topic
Brussels I recast – International Private Law

Objective
– Assessing the application of Regulation 1215/2012 (Brussels I recast), in particular the rules that have been amended compared to Regulation 44/2001, in view of the objectives of the Regulation. The focus will be on the functioning of the jurisdiction rules vis-à-vis third country defendants (in particular consumer and employment contracts), the choice of forum and lis pendens rules and the new enforcement rules abolishing exequatur, including judgments granting provisional and protective measures. – Mapping the problems national legal orders face when applying new EU legislation on private international law (PIL), in particular the Brussels I recast. Can lessons be drawn from close scrutiny of the experience of one Member State (the Netherlands) that are of use to the EU legislator and to other Member States? Are there common experiences? Can something be said about steps the EU legislator and/or EU or national policy makers can take to ensure swift implementation of new EU instruments such as the Brussels I recast. – Identification of any obstacles to swift correct and consistent implementation of Brussels I recast.