New Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I bis)

On 12.12.2012 The European Parliament and the Council have adopted the regulation Nr. 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I bis).

This regulation shall apply only to legal proceedings initiated, to authentic instruments formally drawn up or registered and to court settlements approved or concluded on or after 10 January 2015. It means that it will replace the regulation Nr. 44/2001 (Brussels I) in these cases.

The main purpose of this regulation is to simplify and speed up recognition and enforcement of the judgments in other Member States than in which they were issue. Contrary to the current state, according to the Brussels I bis a judgement given in a Member State shall be recognised in other Member State without any special procedure being required.

There are not many changes in the area of the scope and jurisdiction. One of the considerable changes is in the article about prorogation of jurisdiction. According to this article the parties, regardless of their domicile, can agree that a court or the courts of a Member State are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship. At present according to Brussels I it is possible to make this kind of agreement only if at least one of the parties has its domicile in a Member State.