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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.
Regulation (EU) No 1215/2012; European Union regulation: Title: Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) Made by: European Parliament and Council: Made under: Article 67(4) and points (a), (c) and (e) of Article 81(2) TFEU: Journal reference: L351, 20 December 2012, pp ...
Exceptions to the limitation on foreign judgments are set out through parliament. The Brussels Recast Regulation operates as the primary procedural scheme relating to foreign judgments, their recognition and enforcement. Recognition is automatic between member states, barring exceptions set out in Chapter III of the regulation.
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 ...
Regulation 542/2014 amends the recast Brussels I Regulation 1215/2012, which is applicable from January 2015, and asserts that the Unified Patent Court has jurisdiction within the European Union if a contracting state to the Agreement would have jurisdiction in a matter that is regulated by the Agreement.
The Brussels Regime instruments are a set of similar legal instruments, based on which jurisdiction (and recognition) is determined. The instruments are the Brussels I Regulations (44/2001 and 1215/2012), Lugano Conventions (1998, 2007) and the Brussels Convention (1968).
CarsOnTheWeb.Deutschland GmbH (case n°C-322/14), on a referral from a German court, [10] that click-wrap agreements are acceptable under certain circumstances as a "durable record" of the acceptance of general conditions within the meaning of Regulation 44/2001 (now replaced by Regulation 1215/2012, also known as the 'Brussels I Recast ...
Forum non conveniens, after the case of Owusu was irrelevant under the Brussels Regulation (EU) 1215/2012 article 4. He rejected the argument that there was an abuse of EU law. To show abuse, the sole object of litigation had to be to oust another court’s jurisdiction, or that the claim was fraudulent.