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However, Article 5(1)c (2012 recast: Article 7(1)c) of the Regulation defines that if the conditions for Article 5(1)b (2012 recast: Article 7(1)b) are not fulfilled, [40] the standard provision of Article 5(1)a is applicable again, making the national law for defining ‘the place for performance’, in the absence of a uniform concept, take over.
The Brussels I Regulation of 2001 was the primary piece of legislation in the Brussels framework from 2002 until January 2015. It substantially replaced the 1968 Brussels Convention, and applied to all EU member states excluding Denmark, which has a full opt-out from implementing regulations under the area of freedom, security and justice .
The Maintenance Regulation (EC) No 4/2009, [1] formally the Council Regulation (EC) on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, is a European Union Regulation on conflict of law issues regarding maintenance obligations (e.g. alimony and child maintenance).
The lis pendens-rule in article 29 of the Brussels I-bis Regulation (no. 1215/2012) provides that when proceedings involving the same cause of action and between the same parties are brought in the courts of different member states, all courts, other than the one first seized, must stay the proceedings until the first court seized has ruled ...
A further significant amendment was made to the Act by the Civil Jurisdiction and Judgments Act 1991 which gave Courts power under the Lugano convention, and later by the Civil Jurisdiction and Judgments Order 2001 which gave Courts jurisdiction under Council Regulation (EC) 44/2001 (commonly known as the Judgments Regulation or the Brussels ...
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Between the years of 1687–1712, Matthew Henry continued to live in Chester. In 1694, Esther Henry was born to Matthew Henry and his wife. Esther lived to adulthood. [9] On 24 June 1697 his daughter Ann was born. This child also died in infancy in 1698 in a local measles outbreak. Henry was very saddened at her death.
The Court held that the Brussels Convention was a mandatory set of rules designed to harmonise and so produce a predictable system throughout the EU. If states were able to derogate from the Convention using their domestic rules of civil procedure, this would deny a uniform result to proceedings based on forum selection. Hence, at 46. the ECJ held: