The Application of Brussels I (recast) in the Legal Practice of EU Member States
This project assesses the application of Regulation 1215/2012 (Brussels I recast) on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters by the national legal orders. The Regulation became applicable on 10 January 2015. The project seeks to get a better understanding of its functioning and focuses on a number of changes that have been made in comparison with the previous Regulation.
Regulation 1215/2012 introduces a number of important changes in comparison to Regulation 44/2001. This project will focus on four main novelties: 1) the application of jurisdiction rules vis-à-vis third country defendants (in particular in regard of consumer and employment contracts); 2) the application of the choice of forum rule; 3) the application of the lis pendens rules; 4) the functioning of the enforcement rules, abolishing exequatur (including judgments granting provisional and protective measures). The general problem the project seeks to investigate is the functioning of new EU PIL legislation in the legal practice of the national legal orders and factors that contribute to successful implementation.
This research is conducted by the T.M.C. Asser Instituut in cooperation with Erasmus University Rotterdam and the University of Amsterdam. The project runs from 1 May 2016 until 1 November 2018. Project Leader is Michiel de Rooij, Senior Researcher at the Asser Institute. The project is funded by the European Commission, DG Justice.
As part of the project, a web survey has been developed, directed at EU legal practitioners and academic experts. The web survey can be found here. Completing the survey will take approximately 10-15 minutes. Respondents can also choose to complete this survey in French, German or Dutch. Answers will be treated carefully and participation is anonymously.