New DG Justice project on application of Brussel I

September 21st, 2016

The Leibniz Center is involved in a new DG Justice sponsored project: “The application of Brussels I (recast) in the legal practice of EU Member States” (JUST/2014/JCOO/AG/CIVI/7754). The project is coordinated by the T.M.C. Asser Institute in The Hague (NL). Other partner is the Law School of the Erasmus University in the Rotterdam (NL).

Project Objectives are:

  • Assessing the application of Regulation 1215/2012 (Brussels I recast), in particular the rules that have been amended compared to Regulation 44/2001, in view of the objectives of the Regulation. The focus will be on the functioning of the jurisdiction rules vis-à-vis third country defendants (in particular consumer and employment contracts), the choice of forum and lis pendens rules and the new enforcement rules abolishing exequatur, including judgments granting provisional and protective measures.
  • Mapping the problems national legal orders face when applying new EU legislation on private international law (PIL), in particular the Brussels I recast. Can lessons be drawn from close scrutiny of the experience of one Member State (the Netherlands) that are of use to the EU legislator and to other Member States? Are there common experiences? Can something be said about steps the EU legislator and/or EU or national policy makers can take to ensure swift implementation of new EU instruments such as the Brussels I recast.
  • Identification of any obstacles to swift correct and consistent implementation of Brussels I recast.
  • The Leibniz Center will be mainly concerned with data collection, automated analysis and storage.

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