European Union: Modernising the Lugano Convention

The European Community is about to ratify the Convention replacing the Lugano Convention. The Official Journal of the European Union (OJEU) 10.6.2009 L 147 contains the following relevant headlines:





COUNCIL DECISION 2009/430/EC of 27 November 2008 concerning the conclusion of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.



CONVENTION on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (text).



CORRIGENDA Procès-verbal of rectification to the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, signed at Lugano on 30 October 2007 (Official Journal of the European Union L 339 of 21 December 2007).


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In the light of the parallelism between the Brussels and the Lugano Convention regimes on jurisdiction and on recognition and enforcement of judgments in civil and commercial matters, the rules of the Lugano Convention are aligned with the rules of Regulation (EC) No 44/2001 in order to achieve the same level of circulation of judgments between the EU Member States and the EFTA States concerned.



Ralf Grahn

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

European Union: Justice abroad (Brussels I)

The Commission is moving on the so called Brussels I Regulation, officially Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, published in the Official Journal of the European Communities (OJEC) 16.1.2001 L 12/1.

The latest consolidated version is of 4 December 2008.




Report on Brussels I Regulation

Green Paper on Brussels I

For a quick overview, you can read the 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).




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There were no links in the press release to the Report or to the Green Paper (consultation paper), and I was unable to locate them on the pages of the Directorate-General for Justice, Freedom and Security or the Pre-Lex pages, so interested readers have to try again later.


Ralf Grahn

EU: Judgments in civil and commercial matters

This post is aimed at lawyers interested in the enforcement of European judgments.


Commission Regulation (EC) No 280/2009 of 6 April 2009 amending Annexes I, II, III and IV to Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters has been published in the Official Journal of the European Union (OJEU) 7.4.2009 L 93/13.

As from tomorrow the lists in Annexes I to IV concerning these cross-border cases are being replaced by new consolidated versions. The contents of the Annexes at a glance:

Annex I Rules of jurisdiction referred to in Article 3(2) and Article 4(2)

Annex II on the courts or competent authorities to which the application referred to in Article 39 may be submitted

Annex III on the courts with which appeals referred to in Article 43(2) may be lodged

Annex IV on the appeals which may be lodged pursuant to Article 44



Ralf Grahn