Wednesday, 29 April 2009

EU: Brussels I Regulation (new documents)

When we wrote about the Brussels I Regulation, we were unable to locate the report and the green paper referred to in the Commission’s press releases.

They have now been posted on the Eur-Lex pages dedicated to preparatory acts, among COM documents:

Brussels I Regulation report

Brussels, 21.4.2009
COM(2009) 174 final
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE on the application of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters



Green paper Brussels I Regulation

Brussels, 21.4.2009
COM(2009) 175 final
GREEN PAPER ON THE REVIEW OF COUNCIL REGULATION (EC) No 44/2001 ON JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS



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Overview

IP/09/606

We have the Commission’s press release: European citizens and business to benefit from greater access to justice - strengthening co-operation in civil and commercial matters (21 April 2009; IP/09/606).



According to the press release, on 21 April, the Commission adopted a report and a green paper on the application of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement in civil and commercial matters. This Regulation, widely known as the "Brussels I Regulation", is the matrix of European judicial cooperation in civil and commercial matters. It aims at providing the legal support for the good functioning of the internal market, addressing two key questions which arise in the event of a dispute involving natural or legal persons from different Member States:

• The courts of which Member States shall have jurisdiction to rule on the dispute;
• How the judgment given by that court will be recognised and enforced in the other Member States.


MEMO/09/169

Report and Green paper on the review and application of regulation (ec) no 44/2001 on jurisdiction, recognition and enforcement of judgments in civil and commercial matters (21 April 2009; MEMO/09/169)

On 21 April 2009, the Commission adopted a report and a green paper on the functioning of the existing rules on jurisdiction of the courts and the recognition and enforcement of foreign judgments. It concludes that time has come to achieve a free circulation of judgments in civil and commercial matters in the European Union on the basis of mutual recognition of judgments among Member States.


Ralf Grahn