Judgments

• Author: International Law Group

The European Union has issued Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. The Regulation unifies EU rules on the recognition of judgments and is based on the rules provided by the 1968 Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, as amended. [Note: A "Regulation" in the EU is directly applicable to the Member States, no national implementation is required as would be the case for a "Directive."] Entering into force on March 1, 2002, the Regulation expressly does not apply to litigation over the status or legal capacity of natural persons, property rights arising out of marriage, wills and succession, as well as bankruptcy, social security and arbitration matters. (Article 1).

Some of the key provisions are as follows. A plaintiff may sue a defendant regardless of his or her nationality in the country of defendant's domicile. (Article 2) The Regulation, however, provides for "special jurisdiction for matters such as the sale of goods and provision of services," where jurisdiction may be had at the place of performance. (Article 5) In addition, the Regulation has different sections for insurance matters, consumer contracts, and employment contracts (Sections 3-5). Member State courts may deny recognition of a...