Possibility and Terms for Applying Brussels I Regulation (Recast) to Extra- European Disputes

14-03-2014

Upon request by the JURI Committee, this study provides an analysis of improvements to European rules on jurisdiction and enforcement of judgments. It concerns, in particular, disputes connected to third (non-EU) States by virtue of the domicile of the defendant or as a result of a connecting factor that the European Union considers as a ground for exclusive jurisdiction where it points towards the courts of a Member State. In summary, the research is aimed at determining the external boundaries of the European Union’s jurisdiction. Moreover, the study explores the possibilities open to the European Union for achieving the best possible coordination in the exercise of jurisdiction with its economic partners. More specifically, a two-step progression is suggested: first, the unilateral introduction of specific rules of coordination - via the adoption of legislation setting out specific jurisdiction rules for non-EU disputes – and, secondly, the promotion of international conventions with third States, so as to coordinate EU and non-EU private international law systems and in order to attain a higher degree of legal certainty for EU and non-EU litigators.

Upon request by the JURI Committee, this study provides an analysis of improvements to European rules on jurisdiction and enforcement of judgments. It concerns, in particular, disputes connected to third (non-EU) States by virtue of the domicile of the defendant or as a result of a connecting factor that the European Union considers as a ground for exclusive jurisdiction where it points towards the courts of a Member State. In summary, the research is aimed at determining the external boundaries of the European Union’s jurisdiction. Moreover, the study explores the possibilities open to the European Union for achieving the best possible coordination in the exercise of jurisdiction with its economic partners. More specifically, a two-step progression is suggested: first, the unilateral introduction of specific rules of coordination - via the adoption of legislation setting out specific jurisdiction rules for non-EU disputes – and, secondly, the promotion of international conventions with third States, so as to coordinate EU and non-EU private international law systems and in order to attain a higher degree of legal certainty for EU and non-EU litigators.

Išorės autorius

Swiss Institute of Comparative Law:Lukas HECKENDORN URSCHELER, Ilaria PRETELLI, Andreas FÖTSCHL, Josef SKALA, Daria SOLENIK, Martin SYCHOLD and Raffaella DI IORIO; University of Lausanne: Andrea BONOMI; University of Urbino “Carlo Bo”: Luigi MARI; Kyushu University: Yuko NISHITANI; University of Geneva: Gian Paolo ROMANO