Brussels Ia Regulation (recast) – Regulation (EU) No 1215/2012

Art. 1

1. This Regulation shall apply in civil and commercial matters whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue…

Art. 2

For the purposes of this Regulation: (a) ‘judgment’ means any judgment given by a court or tribunal of a Member State, whatever the judgment may be called…

Art. 3

For the purposes of this Regulation, ‘court’ includes the following authorities to the extent that they have jurisdiction in matters falling within the scope…

Art. 4

1. Subject to this Regulation, persons domiciled in a Member State shall, whatever their nationality, be sued in the courts of that Member State. 2. Persons…

Art. 5

1. Persons domiciled in a Member State may be sued in the courts of another Member State only by virtue of the rules set out in Sections 2 to 7 of this…

Art. 6

1. If the defendant is not domiciled in a Member State, the jurisdiction of the courts of each Member State shall, subject to Article 18(1), Article 21(2) and…

Art. 7

A person domiciled in a Member State may be sued in another Member State: (1) (a) in matters relating to a contract, in the courts for the place of performance…

Art. 8

A person domiciled in a Member State may also be sued: (1) where he is one of a number of defendants, in the courts for the place where any one of them is…

Art. 9

Where by virtue of this Regulation a court of a Member State has jurisdiction in actions relating to liability from the use or operation of a ship, that court…

Art. 10

In matters relating to insurance, jurisdiction shall be determined by this Section, without prejudice to Article 6 and point 5 of Article 7.

Art. 11

1. An insurer domiciled in a Member State may be sued: (a) in the courts of the Member State in which he is domiciled; (b) in another Member State, in the case…

Art. 12

In respect of liability insurance or insurance of immovable property, the insurer may in addition be sued in the courts for the place where the harmful event…

Art. 13

1. In respect of liability insurance, the insurer may also, if the law of the court permits it, be joined in proceedings which the injured party has brought…

Art. 14

1. Without prejudice to Article 13(3), an insurer may bring proceedings only in the courts of the Member State in which the defendant is domiciled…

Art. 15

The provisions of this Section may be departed from only by an agreement: (1) which is entered into after the dispute has arisen; (2) which allows the…

Art. 16

The following are the risks referred to in point 5 of Article 15: (1) any loss of or damage to: (a) seagoing ships, installations situated offshore or on the…

Art. 17

1. In matters relating to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession…

Art. 18

1. A consumer may bring proceedings against the other party to a contract either in the courts of the Member State in which that party is domiciled or…

Art. 19

The provisions of this Section may be departed from only by an agreement: (1) which is entered into after the dispute has arisen; (2) which allows the consumer…

Art. 20

1. In matters relating to individual contracts of employment, jurisdiction shall be determined by this Section, without prejudice to Article 6, point 5 of…

Art. 21

1. An employer domiciled in a Member State may be sued: (a) in the courts of the Member State in which he is domiciled; or (b) in another Member State: (i) in…

Art. 22

1. An employer may bring proceedings only in the courts of the Member State in which the employee is domiciled. 2. The provisions of this Section shall not…

Art. 23

The provisions of this Section may be departed from only by an agreement: (1) which is entered into after the dispute has arisen; or (2) which allows the…

Art. 24

The following courts of a Member State shall have exclusive jurisdiction, regardless of the domicile of the parties: (1) in proceedings which have as their…

Art. 25

1. If the parties, regardless of their domicile, have agreed that a court or the courts of a Member State are to have jurisdiction to settle any disputes which…

Art. 26

1. Apart from jurisdiction derived from other provisions of this Regulation, a court of a Member State before which a defendant enters an appearance shall have…

Art. 27

Where a court of a Member State is seised of a claim which is principally concerned with a matter over which the courts of another Member State have exclusive…

Art. 28

1. Where a defendant domiciled in one Member State is sued in a court of another Member State and does not enter an appearance, the court shall declare of its…

Art. 29

1. Without prejudice to Article 31(2), where proceedings involving the same cause of action and between the same parties are brought in the courts of different…

Art. 30

1. Where related actions are pending in the courts of different Member States, any court other than the court first seised may stay its proceedings. 2. Where…

Art. 31

1. Where actions come within the exclusive jurisdiction of several courts, any court other than the court first seised shall decline jurisdiction in favour of…

Art. 32

1. For the purposes of this Section, a court shall be deemed to be seised: (a) at the time when the document instituting the proceedings or an equivalent…

Art. 33

1. Where jurisdiction is based on Article 4 or on Articles 7, 8 or 9 and proceedings are pending before a court of a third State at the time when a court in a…

Art. 34

1. Where jurisdiction is based on Article 4 or on Articles 7, 8 or 9 and an action is pending before a court of a third State at the time when a court in a…

Art. 35

Application may be made to the courts of a Member State for such provisional, including protective, measures as may be available under the law of that Member…

Art. 36

1. A judgment given in a Member State shall be recognised in the other Member States without any special procedure being required. 2. Any interested party may…

Art. 37

1. A party who wishes to invoke in a Member State a judgment given in another Member State shall produce: (a) a copy of the judgment which satisfies the…

Art. 38

The court or authority before which a judgment given in another Member State is invoked may suspend the proceedings, in whole or in part, if: (a) the judgment…

Art. 39

A judgment given in a Member State which is enforceable in that Member State shall be enforceable in the other Member States without any declaration of…

Art. 40

An enforceable judgment shall carry with it by operation of law the power to proceed to any protective measures which exist under the law of the Member State…

Art. 41

1. Subject to the provisions of this Section, the procedure for the enforcement of judgments given in another Member State shall be governed by the law of the…

Art. 42

1. For the purposes of enforcement in a Member State of a judgment given in another Member State, the applicant shall provide the competent enforcement…

Art. 43

1. Where enforcement is sought of a judgment given in another Member State, the certificate issued pursuant to Article 53 shall be served on the person against…

Art. 44

1. In the event of an application for refusal of enforcement of a judgment pursuant to Subsection 2 of Section 3, the court in the Member State addressed may…

Art. 45

1. On the application of any interested party, the recognition of a judgment shall be refused: (a) if such recognition is manifestly contrary to public policy…

Art. 46

On the application of the person against whom enforcement is sought, the enforcement of a judgment shall be refused where one of the grounds referred to in…

Art. 47

1. The application for refusal of enforcement shall be submitted to the court which the Member State concerned has communicated to the Commission pursuant to…

Art. 48

The court shall decide on the application for refusal of enforcement without delay.

Art. 49

1. The decision on the application for refusal of enforcement may be appealed against by either party. 2. The appeal is to be lodged with the court which the…

Art. 50

The decision given on the appeal may only be contested by an appeal where the courts with which any further appeal is to be lodged have been communicated by…

Art. 51

1. The court to which an application for refusal of enforcement is submitted or the court which hears an appeal lodged under Article 49 or Article 50 may stay…

Art. 52

Under no circumstances may a judgment given in a Member State be reviewed as to its substance in the Member State addressed.

Art. 53

The court of origin shall, at the request of any interested party, issue the certificate using the form set out in Annex I.

Art. 54

1. If a judgment contains a measure or an order which is not known in the law of the Member State addressed, that measure or order shall, to the extent…

Art. 55

A judgment given in a Member State which orders a payment by way of a penalty shall be enforceable in the Member State addressed only if the amount of the…

Art. 56

No security, bond or deposit, however described, shall be required of a party who in one Member State applies for the enforcement of a judgment given in…

Art. 57

1. When a translation or a transliteration is required under this Regulation, such translation or transliteration shall be into the official language of the…

Art. 58

1. An authentic instrument which is enforceable in the Member State of origin shall be enforceable in the other Member States without any declaration of…

Art. 59

A court settlement which is enforceable in the Member State of origin shall be enforced in the other Member States under the same conditions as authentic…

Art. 60

The competent authority or court of the Member State of origin shall, at the request of any interested party, issue the certificate using the form set out in…

Art. 61

No legalisation or other similar formality shall be required for documents issued in a Member State in the context of this Regulation.

Art. 62

1. In order to determine whether a party is domiciled in the Member State whose courts are seised of a matter, the court shall apply its internal law. 2. If a…

Art. 63

1. For the purposes of this Regulation, a company or other legal person or association of natural or legal persons is domiciled at the place where it has its…

Art. 64

Without prejudice to any more favourable provisions of national laws, persons domiciled in a Member State who are being prosecuted in the criminal courts of…

Art. 65

1. The jurisdiction specified in point 2 of Article 8 and Article 13 in actions on a warranty or guarantee or in any other third-party proceedings may be…

Art. 66

1. This Regulation shall apply only to legal proceedings instituted, to authentic instruments formally drawn up or registered and to court settlements approved…

Art. 67

This Regulation shall not prejudice the application of provisions governing jurisdiction and the recognition and enforcement of judgments in specific matters…

Art. 68

1. This Regulation shall, as between the Member States, supersede the 1968 Brussels Convention, except as regards the territories of the Member States which…

Art. 69

Subject to Articles 70 and 71, this Regulation shall, as between the Member States, supersede the conventions that cover the same matters as those to which…

Art. 70

1. The conventions referred to in Article 69 shall continue to have effect in relation to matters to which this Regulation does not apply. 2. They shall…

Art. 71

1. This Regulation shall not affect any conventions to which the Member States are parties and which, in relation to particular matters, govern jurisdiction or…

Art. 71a

1. For the purposes of this Regulation, a court common to several Member States as specified in paragraph 2 (a ‘common court’) shall be deemed to be a court of…

Art. 71b

The jurisdiction of a common court shall be determined as follows: (1) a common court shall have jurisdiction where, under this Regulation, the courts of a…

Art. 71c

1. Articles 29 to 32 shall apply where proceedings are brought in a common court and in a court of a Member State not party to the instrument establishing the…

Art. 71d

This Regulation shall apply to the recognition and enforcement of: (a) judgments given by a common court which are to be recognised and enforced in a Member…

Art. 72

This Regulation shall not affect agreements by which Member States, prior to the entry into force of Regulation (EC) No 44/2001, undertook pursuant to Article…

Art. 73

1. This Regulation shall not affect the application of the 2007 Lugano Convention. 2. This Regulation shall not affect the application of the 1958 New York…

Art. 74

The Member States shall provide, within the framework of the European Judicial Network and with a view to making the information available to the public, a…

Art. 75

By 10 January 2014, the Member States shall communicate to the Commission: (a) the courts to which the application for refusal of enforcement is to be…

Art. 76

1. The Member States shall notify the Commission of: (a) the rules of jurisdiction referred to in Articles 5(2) and 6(2); (b) the rules on third-party notice…

Art. 77

The Commission shall be empowered to adopt delegated acts in accordance with Article 78 concerning the amendment of Annexes I and II.

Art. 78

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts…

Art. 79

By 11 January 2022 the Commission shall present a report to the European Parliament, to the Council and to the European Economic and Social Committee on the…

Art. 80

This Regulation shall repeal Regulation (EC) No 44/2001. References to the repealed Regulation shall be construed as references to this Regulation and shall be…

Art. 81

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply…