The Proposal for a Regulation of the European Parliament and of the Council on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (Recast) - Contributions by Florian Horn

15-09-2011

This note examines the recast of Regulation (EC) N° 44/2001 (“Brussels I”) as proposed in COM (2010) 0748. Important issues include the abolition of exequatur, rules for third country defendants, rules for choice of court agreements, the interface with arbitration proceedings, a new head on jurisdiction on rights in rem, compatibility with the right to collective actions, and other topics as cooperation in the context of protective measures.

This note examines the recast of Regulation (EC) N° 44/2001 (“Brussels I”) as proposed in COM (2010) 0748. Important issues include the abolition of exequatur, rules for third country defendants, rules for choice of court agreements, the interface with arbitration proceedings, a new head on jurisdiction on rights in rem, compatibility with the right to collective actions, and other topics as cooperation in the context of protective measures.