This book looks at the question of extending the reach of the Brussels Ia Regulation to defendants not domiciled in an EU Member State. The Regulation, the centrepiece of the EU framework on civil procedure, is widely recognised as one of the most successful legal instruments on judicial cooperation. To provide a basis for the discussion of its possible extension, this volume takes a closer look at the national rules that currently govern the question of jurisdiction over non-EU defendants in each Member State through 17 national reports. The insights gained from them are summarised in a comparative report and critically discussed in further contributions, which look at the question both from a European and from a wider global perspective. Private international lawyers will be keen to read the findings and conclusions, which will also be of interest to practitioners and policy makers.
Volume 36 in the series Studies in Private International Law
Author(s): Tobias Lutzi; Ennio Piovesani; Dora Zgrabljić Rotar (editors)
Series: Studies in Private International Law
Publisher: Hart Publishing
Year: 2023
Language: English
Pages: 372
City: Oxford
Foreword by Michal Bobek
Series Editors’ Preface
Preface
Contents
List of Contributors
Table of CJEU Cases
I. Questionnaire
II. Comparative Report
Questions 1(a) and 1(b)
Question 1(c)
Question 1(d)
Question 2
Question 3
Question 4
Question 5(a)
Question 5(b)
Question 5(c)
Question 5(d)
Question 6
III. National Reports
Austria
Question 1
Question 2
Question 3
Question 4
Question 5
Belgium
Question 1
Question 2
Question 3
Question 4
Question 5
Bulgaria
Question 1
Question 2
Question 3
Question 4
Question 5
Croatia
Question 1
Question 2
Question 3
Question 4
Question 5
Cyprus
Question 1
Question 2
Question 3
Question 4
Question 5
France
Question 1
Question 2
Question 3
Question 4
Question 5
Germany
Question 1
Question 2
Question 3
Question 4
Question 5
Greece
Question 1
Question 2
Question 3
Question 4
Question 5
Hungary
Question 1
Question 2
Question 3
Question 4
Question 5
Italy
Question 1
Question 2
Question 3
Question 4
Question 5
Latvia
Introductory Remarks
Question 1
Question 2
Question 3
Question 4
Question 5
Lithuania
Question 1
Question 2
Question 3
Question 4
Question 5
Malta
Question 1
Question 2
Question 3
Question 4
Question 5
Netherlands
Question 1
Question 2
Question 3
Question 4
Question 5
Poland
Question 1
Question 2
Question 3
Question 4
Question 5
Spain
1. Spanish International Jurisdiction Regime: Sources and Features
2. Role of the Spanish International Jurisdiction Rules in Transnational and Domestic Claims
3. Spanish General Rules of Jurisdiction
4. Spanish Special Rules of Jurisdiction Over Contractual and Non-Contractual Obligations
5. Special Protection Rules: Consumers, Insurance and Employment Contracts
Sweden
Question 1
Question 2
Question 3
Question 4
Question 5
IV. The European Perspective
Ratione Materiae Reciprocity as a Head of Jurisdiction in View of the Extension of the Brussels Ia Regulation to Non-EU Defendants
I. Introduction
II. Solutions Considered During the Recast of Brussels I
III. Reciprocity as a Head of Jurisdiction: Former Art 4 No 4 of the Italian Code of Civil Procedure
IV. Ratione Materiae Reciprocity: A Connecting Factor in Cases Involving Non-EU Defendants
V. The Global Perspective
Jurisdiction Over Non-EU Defendants: The Brussels I Article 79 Review
I. Introduction
II. Article 79
III. The Context for Article 79
IV. Concluding Thoughts
Serbian Perspective on the Proposed Changes of the Brussels I Recast Regulation
1. Introduction
2. Current State of Private International Law Legislation in Serbia
3. Possibilities and Strategies for Harmonisation of Serbian Private International Law with EU Acquis
4. Potential Impact of Changes of the Brussels Regime to the Defendants Domiciled in Serbia
5. Conclusion
Extending the Brussels Ia Regulation to Third State Defendants – Cui Bono? A Third State Perspective from the UK
I. Introduction
II. Status Quo
III. Full Extension of the Regulationto Third State Defendants
IV. Consequences of a Full Extension
V. Other Reform Options
VI. Conclusion
VI. Outlook
The Resumed HCCH Jurisdiction Project
I. Introduction
II. Historical Background of the Jurisdiction Project
III. Jurisdiction Project
IV. Outlook
Index
