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 Burkhard Hess

15-09-2011

This Note examines the most important provisions of the EUCommission’s proposal for a recast of the Regulation Brussels I (44/2001). Although the principal approach of the Commission deserves support, several improvements should be adopted, especially with regard to the safeguards to proposed regime on the free movement of judgments and the operation of the Regulation in the international legal order. The proposals on choice of court agreements and arbitration clauses should (with minor improvements) be adopted. The note equally addresses some additional issues as the proposed new Articles 5 no 3 and 85 and criticizes that the proposal does not address the unsatisfactory reference to the domestic laws of EU-Member States with regard to the definition of domicile (Article 59 JR/73CP).

This Note examines the most important provisions of the EUCommission’s proposal for a recast of the Regulation Brussels I (44/2001). Although the principal approach of the Commission deserves support, several improvements should be adopted, especially with regard to the safeguards to proposed regime on the free movement of judgments and the operation of the Regulation in the international legal order. The proposals on choice of court agreements and arbitration clauses should (with minor improvements) be adopted. The note equally addresses some additional issues as the proposed new Articles 5 no 3 and 85 and criticizes that the proposal does not address the unsatisfactory reference to the domestic laws of EU-Member States with regard to the definition of domicile (Article 59 JR/73CP).

Vanjski autor

Burkhard HESS (Ruprecht Karls Universität Heidelberg, Institut für ausländisches und internationales Privat- und Wirtschaftsrecht)