The Brussels I Regulation

“The most successful instrument on international civil procedure of all time”[1]

The Brussels I Regulation[2] was adopted in 2012 and since then, it has become known as a very successful piece of legislation in relation to judicial co-operation within the European Union.[3] This amendment was followed by a press release[4] which aimed to streamline the process of judgements in civil and commercial matters making them easier and faster within the Union.[5] The previous Regulation[6] was successful in creating specific rules governing the jurisdiction of courts in areas of civil and commercial matters. It regulated that a judgement concluded in an alternative Member State was enforceable.[7] It allowed every Member State to facilitate its own laws on enforcement in matters which related to disputes between individuals and possibly suing them too in contractual matters.[8] However, this review did not come about without debate. There have been many proposals to amend the previous regulation[9] which were fought with uncertainty by legal academics claiming it was unnecessary.[10]

Although the Council of the European Union and academic commentators such as Delaygua[11] argue that, “this new law has improved the former regulation”[12] and made the circulation of judgements in civil and commercial matters easier and faster within the Union,[13] it is important to explore exactly how it does so and whether the new regulation fulfils the goals that prompted its revision.

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