The Recast Regulation ( Eu 1215 / 2012 )

942 Words Mar 23rd, 2015 4 Pages
The Recast Regulation (EU 1215/2012) became effective on 10 January 2015. Prior to this time, judgements or proceedings obtained were governed by the Brussels Regulation (EC 44/2001). The Recast Regulation amends the Brussel’s Regulation by addressing the shortcomings and clarifying certain rules on the questions of jurisdiction and the enforcement of judgements in the EU. The Regulation was adopted by UK after the EC published its Proposal (COM (2010) 748 final). The old regulation , explains rules used by the Member State Courts in determining whether they had jurisdiction to deal with a cross–border case and dealt with the reciprocal enforcement of judgements within the EU. The Recast Regulation made certain changes to original Brussel’s Regulation in some areas. Although the numbering of the articles of the Old Regulation changed in the recast regulation , the wordings do not change.
The European Union is concerned primarily with proceedings where the defendants is domiciled in the European Union and the Brussel’s Regulation gave, effects to jurisdiction agreements detailed in documents to which at least one party was domiciled in the EU, even if that party was not the Defendant or where the Defendant submitted to the jurisdiction. The Recast regulation expanded the circumstances in which a non-EU domiciled Defendant can be sued in a Member State if the defendant is an employer whose employee habitually works in a Member State or if the defendant is a trader which…
Open Document