Regulation 44/2001 definition
Examples of Regulation 44/2001 in a sentence
We reserve the right to invoke any other court that has jurisdiction under the Jurisdiction of Courts and the Enforcement of Judgements (European Communities) Act of 27 September 1968, or under EU Regulation 44/2001 respectively 1215/2012.
By its judgment of 14 January 2009 the Landesarbeitsgericht ▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇▇ rejected the agreement on jurisdiction, considering that it did not satisfy the conditions laid down in Article 21 of Regulation 44/2001, as it had been concluded before the dispute arose and referred the employee to the Algerian courts exclusively.
While Luxembourg case- law has recognised the validity and enforceability of such jurisdiction clauses in the past (under the convention on jurisdiction and the enforcement of judgments in civil and commercial matters dated 27 September 1968, as amended), some uncertainty has arisen (even outside France) as to the validity and effectiveness of such clauses under Regulation 44/2001 as a result of the French decision.
While Luxembourg case-law has recognised the validity and enforceability of such jurisdiction clauses in the past (under the convention on jurisdiction and the enforcement of judgments in civil and commercial matters dated 27 September 1968, as amended) as well as recently under Regulation 44/2001 (Cour ▇’▇▇▇▇▇, 7 December 2016, n° 42351 du rôle, Pas.
While Luxembourg case-law has recognised the validity and enforceability of such jurisdiction clauses in the past (under the convention on jurisdiction and the enforcement of judgments in civil and commercial matters dated 27 September 1968, as amended), some uncertainty has arisen (even outside France) as to the validity and effectiveness of such clauses under Regulation 44/2001 as a result of the French decision.
The submission to jurisdiction by LuxCo contained in the New York Law Agreements and the Notes is valid, binding and enforceable on the Company, as further provided for in Council Regulation 44/2001 (as defined below).
The submission to the jurisdiction of the English courts by the Company contained in the LC Issuance Agreement constitutes an effective submission by the Company to the jurisdiction of such courts, pursuant to the Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, as amended (the Council Regulation 44/2001).
A final and conclusive judgment in respect of the LC Issuance Agreement obtained against the Company in an English court would be enforced by the Luxembourg courts without re-examination of the merits of the case subject to the applicable enforcement procedure and conditions of the Council Regulation 44/2001 or, as the case may be, of the Council Regulation 805/2004 of 21 April 2004 creating a European enforcement order for uncontested claims.
While Luxembourg case-law has recognised the validity and enforceability of such jurisdiction clauses in the past (under the convention on jurisdiction and the enforcement of judgments in civil and commercial matters dated 27 September 1968, as amended) as well as recently under Regulation 44/2001 (Cour ▇'▇▇▇▇▇, 7 December 2016, n° 42351 du rôle, Pas.
Those Contracting States which are also Member States of the European Community and bound by Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, hereinafter referred to as "Regulation 44/2001", hereby designate the European Patent Court as their national court within the meaning of that Regulation.