Jurisdiction on the Brussels Regulation

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รุ่งนภา อดิศรมงคล

Abstract

The Brussels Regulation has governed jurisdiction, recognition and enforcement  of judgments in civil and commercial matters across the European Union. Some practical consequences are clear principle and rules of the place where proceeding will be initiated. Also it eliminates the anxiety of the enforcement of judgments before foreign courts. The civil and commercial cases of the European Union thus will bring to the court jurisdiction that specifically stipulated in the Brussels Regulation. There have 5 criteria of jurisdiction:- the first criterion is the court where a defendant has domicile, regardless of his nationality or domicile of a plaintiff; the second one for such exclusive matter as stipulation in the Regulation such as the proceeding which has as its object rights in immovable property the exclusive jurisdiction is the court where the property is situated; the third  is the court in which a defendant appears; the fourth is the contract that has weaker party such as consumer contract the Regulation stipulated that the proceeding will bring before the court where the consumer has domicile, regardless of what party in lawsuit he or she is; and the last criterion is the court which the parties of contract agreed in choice of forum clause.  In this article, it discusses what jurisdictional rules are upon the Brussels Regulation.

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How to Cite
อดิศรมงคลร. (2019). Jurisdiction on the Brussels Regulation. PAYAP UNIVERSITY JOURNAL, 29(1), 12-26. https://doi.org/10.14456/pyuj.2019.2
Section
Academic Articles

References

Council Regulation (EC) No 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and commercial Matters.

Calster, G.V. (2013). European Private International Law. Oxford: Hart Publishing.

Case C-116/02 Gasser. (2003). ECR I-481.

Case C-281/02 Owusu v Jackson. (2005). ECR I-1383.

Lacey, S. (2014). The Brussels I Recast- A guide to the changes to the EU jurisdiction Regime. Retrieved January 15, 2018. from https://lpscdn.linklaters.com/-/media/files/linklaters/pdf/mkt/lit/141118_recast_briefing_newsletter.ashx?la=sv-se&rev=6e768905-919c-4a6d-947d-4424d83695a&hash=C756CC2093546 D325340C0C12730281F3437 C646

Regulation (EU) No 1215/2012 of the European Parliament and the Council on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (recast).