Recast Brussels Regulation | Practical Law

Recast Brussels Regulation | Practical Law

Recast Brussels Regulation

Recast Brussels Regulation

Practical Law UK Glossary 9-588-2365 (Approx. 12 pages)

Glossary

Recast Brussels Regulation

Regulation (EU) 1215/2012 of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (Recast Brussels Regulation) regulates jurisdiction and the recognition and enforcement of judgments between EU member states. (The agreement between the European Community and Denmark, published in the Official Journal on 21 March 2013 (OJ L 79/4) indicates that the Recast Brussels Regulation applies to relations between the EU and Denmark. The Danish Ministry of Justice has confirmed that the Recast Brussels Regulation was implemented by Denmark by Danish Law No. 518 of 18 May 2013 (containing amendments to the act on the 2001 Brussels Regulation), which entered into force on 1 June 2013).)
The Recast Brussels Regulation applies in member states to:
  • Legal proceedings instituted on or after 10 January 2015.
  • Judgments given in proceedings instituted on or after 10 January 2015.
The Recast Brussels Regulation repeals the 2001 Brussels Regulation, save that the 2001 Brussels Regulation continues to apply to judgments given in proceedings instituted before 10 January 2015.
The Recast Brussels Regulation applied to the UK during the UK-EU transition period, but stopped applying to the UK on a reciprocal basis at the end of the transition period (11.00pm UK time on 31 December 2020), except as provided for in part three of the UK-EU withdrawal agreement in relation to proceedings instituted by 11.00pm (UK time) on that date
At the end of the transition period, the Recast Brussels Regulation was converted into UK law as retained EU law, which was amended by UK legislation. The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (as amended by the Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations (SI 2020/1493)) revoked the retained EU law version of the Recast Brussels Regulation, subject to transitional provisions which saved the Recast Brussels Regulation (and, by implication, the 2001 Brussels Regulation) in relation to proceedings instituted before the end of the transition period (as provided for by Article 67 of the UK-EU withdrawal agreement).
For further information on the implications of Brexit for the Recast Brussels Regulation, see Practice note, Brexit: implications for civil justice and judicial co-operation.
For further information on the Recast Brussels Regulation, see Practice notes: