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Vol 21 No 11 Nov/Dec 2016

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The Brussels I Regulation Recast

Edited by: Andrew Dickinson, Eva Lein

ISBN13: 9780198714286
Published: May 2015
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £165.00



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The Brussels I Regulation has undergone a lengthy review process, resulting in Regulation (EU) 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast).

The provisions of the new Regulation apply from 10 January 2015. This work, written by a number of leading experts on the subject, provides a commentary on the Recast Regulation.

It contains a concise article-by-article commentary on all provisions of the recast Regulation with reference to the existing case law of the European Court of Justice and leading national decisions, and provides additional focus on the newly introduced changes, in particular to the provisions on lis pendens and the recognition and enforcement of judgments.

Subjects:
Conflict of Laws
Contents:
1. Introduction and Background
2. Scope and Definitions (Art.
1 - 3)
3. Jurisdiction - General Provisions (Art.
4-6)
4. Special Jurisdiction (Art.
7-9)
5. Jurisdiction in Matters Relating to Insurance (Arts.
10-16)
6. Jurisdiction over Consumer Contracts (Arts.
17-19)
7. Jurisdiction over Individual Contracts of Employment (Arts.
20-23)
8. Exclusive Jurisdiction (Art.
24)
9. Prorogation of Jurisdiction - Choice of Court Agreements and Submission (Arts.
25-26)
10. Examination as to Jurisdiction and Admissibility (Arts.
27-28)
11. Lis Pendens and Related Actions (Arts.
29-34)
12. Provisional, Including Protective Measures (Art.
35)
13. Recognition and Enforcement
14. Authentic Instruments and Court Settlements (Arts.
58-60)
15. General Provisions (Arts.
61-65)
16. Transitional Provisions (Art.
66)
17. Relationship with other Instruments (Arts.
67-73)
18. Final Provisions (Arts.
74-81)

APPENDIX 1. THE REGULATION: ENGLISH, FRENCH AND GERMAN LANGUAGE VERSIONS.
APPENDIX 2. LIST OF CONVENTIONS
APPENDIX 3. PREPARATORY MATERIALS (INCLUDING COMMISSION PROPOSAL AND EXPLANATORY MEMORANDUM, REPORT OF EUROPEAN PARLIAMENT'S JUSTICE AND HOME AFFAIRS COMMITTEE)