Examples of Brussels Regulation in a sentence
The Civil Jurisdiction and Judgments Act 1982, implementing the terms of the Brussels Convention of 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters (the provisions of which have been largely superseded by the Brussels Regulation) and the Lugano Convention of 1988 (including the Protocols annexed to that Convention), which provides for recognition and enforcement of such judgments between England and Wales and certain other European jurisdictions.
Subject to the Brussels Regulation and the circumstances of a particular claim, holders residing outside of the UK may be able to bring a claim before their local court and have that judgment enforced in the UK.
The Brussels Regulation has now been recast by way of the EU Regulations 1215/2012 of 12 December 2012.
According to Council Regulation 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Brussels Regulation), a judgment given and enforceable in an EU Member State shall in principle be recognised in the other EU Member States without any special procedure being required and shall generally be enforceable in the other EU Member States on the application of any interested parties, save in certain circumstances.
A similar requirement can be found in Article 15 of Regulation 44/2001, known as the Brussels Regulation, which deals with contract disputes involving more than one country.
These include the Brussels Regulation, in relation to judgments made in most EU member states, and domestic legislation implementing the terms of international conventions.
In European Union jurisdictions, Brussels Regulation (Recast)37 eliminates the availability of the forum non conveniens defence by allowing the parent company to be sued in the country where it is domiciled, without having to show that the home State is the most appropriate forum in which to hear the case.
The issues that fall within the scope of application of the European Insolvency Regulation are governed by the specific rules (on jurisdiction, applicable law and recognition) of the European Insolvency Regulation and are excluded from the scope of application of the Brussels Regulation.
The question that arises is whether a judgment sanctioning a scheme in accordance with Part 26 of the Companies Act 2006 is excluded from the scope of application of the Brussels Regulation pursuant to this provision.
Detailed analysis of the provisions of the Brussels Regulation and of the Brussels and Lugano Conventions, as well as the decisions of the European Court of Justice referred to below, is not called for, except insofar as such analysis is necessary or appropriate to explain the practice of your legal system.