On 10 January 2015, European Regulation (EU) 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, known as the "Brussels I Regulation", will enter into force.
Here is a brief overview of the most important changes as from 10 January 2015:
- The regulation abolishes the declaration of enforceability. A party seeking enforcement in a Member State of a judgment rendered in another Member State will only have to provide the court with a copy of the judgment (which satisfies the conditions necessary to establish its authenticity) and a "certificate concerning a judgment in civil and commercial matters" granted by the Member State of origin. These documents will be served on the party against whom the enforcement is sought.
- A consumer domiciled in a Member State and wishing to bring proceedings against the other party to a contract will be able to bring these proceedings before the courts of the place where he/she is domiciled if the other party is not domiciled in a Member State.
- An employee domiciled in a Member State will be able to bring proceedings against his/her employer, not domiciled in a Member State, before the courts of a Member State (in principle, before the courts of the place where or from where the employee habitually works or the courts of the last such place).
- Parties can conclude a forum agreement designating the court(s) of a certain Member State if neither party is domiciled in a Member State. It is thus no longer a requirement for one of the parties to be domiciled in a Member State in order for the designated court to have jurisdiction.
- In cases of lis pendens and related actions, the court of a Member State which is seised after the court of a third state will be able to stay its proceedings until the court of the third state has taken a decision.
- Finally, there is an exception to the rule that the court before which the case is brought last will be required/able to stay the proceedings in cases of lis pendens and related actions. In principle, where a case is brought before a court of a Member State on which a forum agreement confers exclusive jurisdiction, any court of another Member State will stay the proceedings until such time as the competent court under the forum agreement declares that is has no jurisdiction under the agreement.