Book: The Brussels I Regulation Recast (OUP) – Dickinson & Lein (eds)

Brussels I Regulation Recast (OUP)

Brussels I Regulation Recast (OUP)

A new, major commentary on the Brussels I Regulation Recast has been published by Oxford University Press. Here’s the summary:

  • The only text describing the provisions of the Regulation and their inter-relationship with one another, with focus on the changes introduced in the recast process
  • Summarises the structure of the Regulation and the role played by the case law of the European Court of Justice
  • A bibliography for each article enables readers to access other sources of commentary (including leading texts in key jurisdictions, monographs and articles)
  • Critical analysis of the text of the relevant Articles and recitals are combined, with a short reference to the legislative history
  • Written by leading experts in the field
  • Helpfully written in an accessible and concise way

The Brussels I Regulation has undergone a lengthy review process, resulting in Regulation (EU) 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast). The provisions of the new Regulation apply from 10 January 2015.

This work, written by a number of leading experts on the subject, provides a commentary on the Recast Regulation. It contains a concise article-by-article commentary on all provisions of the recast Regulation with reference to the existing case law of the European Court of Justice and leading national decisions, and provides additional focus on the newly introduced changes, in particular to the provisions on lis pendens and the recognition and enforcement of judgments.

And the Table of Contents:

1: Andrew Dickinson: Background and Introduction to the Regulation
2: Martin Illmer, Arnaud Nuyts, Jonathan Fitchen: Scope and Definitions (Art. 1 – 3)
3: Helene van Lith: Jurisdiction – General Provisions (Art. 4-6)
4: Matthias Lehmann, Eva Lein, Pippa Rogerson, Marie Elodie Ancel: Special Jurisdiction (Art. 7-9)
5: Stefania Bariatti: Jurisdiction in Matters Relating to Insurance (Arts. 10-16)
6: Andrea Bonomi: Jurisdiction over Consumer Contracts (Arts. 17-19)
7: Louise Merrett: Jurisdiction over Individual Contracts of Employment (Arts. 20-23)
8: Matthias Lehmann: Exclusive Jurisdiction (Art. 24)
9: Paco Garcimartin: Prorogation of Jurisdiction – Choice of Court Agreements and Submission (Arts. 25-26)
10: Xandra Kramer: Examination as to Jurisdiction and Admissibility (Arts. 27-28)
11: Pippa Rogerson, Paco Garcimartin, Matthias Lehmann: Lis Pendens and Related Actions (Arts. 29-34)
12: Arnaud Nuyts: Provisional, Including Protective Measures (Art. 35)
13: Pietro Franzina, Xandra Kramer, Jonathan Fitchen: The Recognition and Enforcement of Member State Jud gements (Arts. 36-57)
14: Jonathan Fitchen, Xandra Kramer: Authentic Instruments and Court Settlements (Arts. 58-60)
15: Martin George, Jonathan Fitchen, Marie-Elodie Ancel: General Provisions (Arts. 61-65)
16: Andrew Dickinson: Transitional Provisions (Art. 66)
17: Pippa Rogerson, Andrea Bonomi, Martin Illmer: Relationship with other Instruments (Arts. 67-73)
18: Andrew Dickinson: Final Provisions (Arts. 74-81)
Appendix 1. The Regulation: English, French and German language versions.
Appendix 2. Comparison of 2001 Regulation and Recast Regulation
Appendix 3. Commission Proposal (Annexes omitted)
Appendix 4. Explanatory Statement within the Final Report of the EP Legal Affairs (JURI) Committee
Appendix 5. Information Published by the Commission Pursuant to Art 76

Needless to say, this is highly recommended to all. It’s available to order for £165 from the OUP website.

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