Brussels Ia Regulation: Setting the Scene Liselot Samyn

9/18/2017

Brussels Ia Regulation: setting the scene Liselot Samyn

Overview

I. Timeframe: a procedural overview II. Timeframe: a historical overview

1 9/18/2017

I. Timeframe: a procedural overview

Case with European cross-border elements? • Scenario 1: Qt. 1: Who is competent Qt. 3: Which law is Qt. 5: How to recognise to hear the case? applicable? and enforce the judgment? Qt. 6:* Qt. 6:*

Qt. 2: How to inform the Qt. 4: How to collect counterparty? evidence?

I. Timeframe: a procedural overview

Case with European cross-border elements? • Scenario 2: Qt. 1: Uncontested Actual enforcement claim?

Qt. 2: Small claim?

2 9/18/2017

II. Timeframe: a historical overview

Year Instrument Member States Entry into force 1968 Brussels Convention on jurisdiction and 15 1 February 1973 the enforcement of judgments in civil + new MS and commercial matters 2001 Brussels I Regulation 27 + Denmark 1 March 2002 + new MS 2012 Brussels Ia Regulation 27 + Denmark 9 January 2013; applicable 10 January 2015

Any Questions?

3 Brussels Ia Regulation: setting the scene

Liselot Samyn Ph.D.

SCENARIO 1:

Qt. 1: Who is competent to hear the case?

- Civil and commercial matter? Brussels Ia Regulation: Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Brussels I Regulation: Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. - Divorce, legal separation or annulment of a marriage? Brussels IIa Regulation: Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000. COM (2016) 411: Proposal for a Council Regulation on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast). - Parental responsibility? Brussels IIa Regulation: Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000. COM (2016) 411: Proposal for a Council Regulation on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast). - Maintenance obligations? Maintenance Regulation: Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations. - Successions? Succession Regulation: Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession. - Insolvency? Insolvency II Regulation: Regulation (EU) No 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings. Insolvency Regulation: Council regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings.

ERA Trier – September 2017 Page 1 of 5 - Matrimonial property regimes? Matrimonial property regimes: Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes. - Registered partnerships? Registered partnerships regimes: Council Regulation (EU) 2016/1104 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships.

Qt. 2: How to inform the counterparty?

- Cross-border service? Service Regulation: Regulation (EC) No 1393/2007 of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000.

Qt. 3: Which law is applicable?

- Contractual obligations? Rome I Regulation: Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations. - Tort? Rome II Regulation: Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations. - Divorce or legal separation? Rome III Regulation: Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation. - Maintenance obligations? Maintenance Regulation: Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations. - Successions? Succession Regulation: Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession. - Insolvency? Insolvency II Regulation: Regulation (EU) No 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings. Insolvency Regulation: Council regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings.

ERA Trier – September 2017 Page 2 of 5 - Matrimonial property regimes? Matrimonial property regimes: Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes. - Registered partnerships? Registered partnerships regimes: Council Regulation (EU) 2016/1104 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships.

Qt. 4: How to collect evidence?

- Cross-border evidence? Evidence Regulation: Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.

Qt. 5: How to recognise and to enforce the European judgment?

ERA Trier – September 2017 Page 3 of 5 - Maintenance obligations? Maintenance Regulation: Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations. - Successions? Succession Regulation: Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession. - Insolvency? Insolvency II Regulation: Regulation (EU) No 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings. Insolvency Regulation: Council regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings. - Matrimonial property regimes? Matrimonial property regimes: Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes. - Registered partnerships? Registered partnerships regimes: Council Regulation (EU) 2016/1104 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships.

- EXTRA: Uncontested claims? European Enforcement Order: Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims.

Qt. 6: BONUS – Can something else be done before, during or after the litigation?

- Attachment of bank accounts? European Account Preservation Order: Regulation (EU) No 655/2014 of the European Parliament and of the Council of 15 May 2014 establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters.

ERA Trier – September 2017 Page 4 of 5 Scenario 2:

Qt. 1: Uncontested claim?

- Claim that is legally not disputed? European Payment Order: Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure. Extra: Regulation (EU) 2015/2421 of the European Parliament and of the Council of 16 December 2015 amending Regulation (EC) No 861/2007 establishing a European Small Claims Procedure and Regulation (EC) No 1896/2006 creating a European order for payment procedure.

Qt. 2: Small claim?

- Claim under € 2000/€ 5000? Small claims Regulation: Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure. Extra: Regulation (EU) 2015/2421 of the European Parliament and of the Council of 16 December 2015 amending Regulation (EC) No 861/2007 establishing a European Small Claims Procedure and Regulation (EC) No 1896/2006 creating a European order for payment procedure.

ERA Trier – September 2017 Page 5 of 5