# Brussels Ia Regulation (recast) – Regulation (EU) No 1215/2012 URL: https://consilena.com/coverage/laws/stat_eu_32012r1215 - Jurisdiction: European Union - Type: Regulation - Short name: Brussels Ia Regulation - Identifier: 32012R1215 - Current as of: 26 February 2015 - Provisions: 85 - Official text: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02012R1215-20150226 - Licence: [Commission Decision 2011/833/EU](https://eur-lex.europa.eu/eli/dec/2011/833/oj) - Attribution: Source: EUR-Lex, © European Union, https://eur-lex.europa.eu. Reuse authorised under Commission Decision 2011/833/EU; only the Official Journal text is authentic. > The library is a research copy. Check the official source before relying on a provision: the text published there, not the copy in Consilena, is the law. ## Provisions ### Chapter I – Scope and definitions - **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… ### Chapter II – Jurisdiction - **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… ### Chapter III – Recognition and enforcement - **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… ### Chapter IV – Authentic instruments and court settlements - **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… ### Chapter V – General provisions - **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… ### Chapter VI – Transitional provisions - **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… ### Chapter VII – Relationship with other instruments - **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… ### Chapter VIII – Final provisions - **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… --- Consilena is a software provider, not a law firm. AI output is not legal advice: consult a licensed lawyer in the relevant jurisdiction. Page: https://consilena.com/coverage/laws/stat_eu_32012r1215. Index of every page: https://consilena.com/llms.txt.