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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 .
States can provide in national legislation for appropriate sanctions which are not provided for in the regulation, and can continue to regulate various related issues which are not covered in the regulation Zaera 126/86 [1987] ECR 3697; Azienda Agricola C-403/98 [2001] ECR I-103; Steinberg T-17/10 [2012] 625; Sharif University T-181/13 [2014] 607
The second rule is that proceedings on the same facts cannot be commenced in a second court if the lis (action), is already pendens (pending), in another court. Lis alibi pendens arises from international comity and permits a court to refuse to exercise jurisdiction if there is parallel litigation pending in another jurisdiction .
The Berlaymont building in Brussels, the headquarters of the European Commission The Brussels effect is the process of European Union regulations spreading well beyond the European Union's borders. Through the Brussels effect, regulated entities, especially corporations , end up complying with EU laws even outside the EU for a variety of reasons.
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 ...
In Belgium, a regulation (Dutch: verordening; French: règlement) is a form of legislation passed by the Brussels Parliament in exercise of its agglomeration competences and by the Common Community Commission in certain cases.
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