The Brussels I Regulation Jurisdiction in matters of insurance, consumers contracts and individual contracts of employment.

Slides:



Advertisements
Similar presentations
Chasing after debtors The Review of Brussels I Regulation and transparency of debtors assets Chris Pitt-Lewis December 2011.
Advertisements

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.
The European Small Claims Procedure and other EU Instruments: Why is it useful to choose the European Small Claims Procedure? Elena DAlessandro University.
The Brussels I Regulation Jurisdiction in matters of insurance, consumers contracts and individual contracts of employment.
Protection of weaker parties Tereza Kyselovská. Protection of weaker parties Procedural law – Regulation Brussels I Substantive Law – Regualation Rome.
International insolvency law – basic principles within the European union.
European Enforcement Order for uncontested claims
1 Implementation impacts of the EU directives on foreign employment - Single Permit Directive, Employers Sanctions Directive in Germany Caritas Association.
Bankruptcy of the purchaser and enforceability of retention of title vis-à-vis its receivership International Insolvency Law Conference Nottingham Law.
The Brussels II Regulation The jurisdiction of courts.
E-commerce Law Jurisdiction. Jurisdiction is relevant to e-commerce law in 2 ways: 1.Private International Law 2.Taxation implications.
Private International Law Tourism Electronic Contracts Dra. Silvia Feliu Álvarez de Sotomayor Private International Law Tourism Electronic Contracts Dra.
INTRODUCTION INTO PRIVATE INTERNATIONAL LAW OF THE EUROPEAN UNION Marko Jovanovic, LL.M. MASTER IN EUROPEAN INTEGRATION Private International Law in the.
Unit 8: The European order for payment procedure and the European small claims procedure Dr. Matthias Frey Head of the Municipal Court.
© OECD A joint initiative of the OECD and the European Union, principally financed by the EU European Court of Justice Prof. Dr. Martin Trybus Birmingham.
EU Rome I Regulation Conflict Rules for Contracts.
EU: Bilateral Agreements of Member States
EU: Bilateral Agreements of Member States. Formerly concluded international agreements of Member States with third countries Article 351 TFEU The rights.
1 Prorogation – Selected Problems. Structure of the seminar Overview of present Article 23 of Brussels I Regulation Selected issues related to Article.
04/06/2015 Content title of the first slide 04/06/2015 Jurisdiction and applicable law in cross- border employment disputes Mihaela Carpus-Carcea, European.
Consumer Collective Actions in Cross-Border Claims LAURA CARBALLO PIÑEIRO (USC) 1.- Consumer collective actions: diversity 2.- Problems on recognition.
8-th CIS Local Counsel Forum Kiev-Odessa, June 2013 Recognition and Enforcement of EU Countries Court Decisions in European Union: Illustration –
Cases of international contracts
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.
Jurisdictional problems regarding disputes arising in the context of contracts of sale The recent case law of the EC Court of Justice on Article 5.1, Brussels.
Ildikó Németh, Ministry of Justice of Hungary This presentation is Co-funded by the Civil Justice Programme of the European Union Project JUST/2013/JCIV/AG/4691.
The Law of the European Union Information and Communication.
Introduction to EU Law Cont.d. ECJ – TFI (Arts ) “The Court of Justice and the Court of First Instance, each within its jurisdiction, shall ensure.
Judicial Cooperation in civil matters Jurisdiction of courts Brussels I Regulation.
European civil procedure law Judicial cooperation in civil matters
Max-Planck-Institut für ausländisches und internationales Privatrecht Recent developments in EC Instruments in Conflict of Law Rules Riga, 1/2 March 2010.
Circulation of authentic instruments under Regulation 650/2012 speaker – Ivaylo Ivanov – Bulgarian Notary Chamber.
Dr Marek Porzycki.  Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (1968) – Member States of the.
UNIT 3: The Principle of Mutual Recognition: trust as the pillar of the construction of the Judicial Area. Brussels I: Regulation 44/2001, of 22 December.
European Enforcement Order for uncontested claims JUDr. Radka Chlebcová.
Small claims procedure Regulation (EC) No 861/2007of European Parlament and of the Council of 11 July establishing a European Small Claims Procedure (OJ.
Discussion “International Cooperation: Service of Documents, Taking of Evidence” – Practical Implementation of Regulations No 1393/2007 and No 1206/2001.
Introduction to EU Civil Judicial Cooperation Dr. Francesco Pesce Assistant Professor in International Law Università degli Studi di Genova (IT)
European civil procedure law Judicial cooperation in civil matters.
European Private International Law JUDr. Tereza Kyselovská.
The Brussels II Regulation The Council Regulation no 2201/2003 concerning the jurisdiction and the recognition and enforcement of judgment in matrimonial.
Seminar on EC case-law Bedanna Bapuly Brno, 2007 October 15th.
TRADE UNION. 1 Explain the background, the rights to unionism, and the law that govern trade union (C2) 2 Discuss the roles and responsibilities of trade.
Court of Justice of the European Union
“THE UNITARY PATENT AND THE UNIFIED PATENT COURT: A PRIVATE INTERNATIONAL LAW PERSPECTIVE” Prof Dr Paul L.C. Torremans School of Law University of Nottingham.
Dr Marek Porzycki.  the debtor has some assets abroad  the debtor has creditors abroad  the debtor carries out his activities on a cross-border basis.
"Human Rights and the European Union Regulations on Private International Law : the needs to protect the right of family members " Elisabetta Bergamini.
Step up to Saxion. Course Introduction to International Business Law Lecture 4.
Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright.
European enforcement order for uncontested claims Regulation n. 805/2004 of the European Parliament and of the Council of April
Turkish private international law on matrimonial property and successions Zeynep Derya TARMAN Koç Üniversitesi Hukuk Fakültesi
Special jurisdiction under the art 6 Brussels I Regulation Zdeněk Nový.
European Small Claim and European Payment Order Procedures: Advantages and Drawbacks Lawyer Dr. Laura Gumuliauskienė.
DISPUTE RESOLUTION LITIGATION.
Support of the foreign language profile of law tuition at the Faculty of Law in Olomouc CZ.1.07/2.2.00/
English Arbitration Act 1996
Recognition and Enforcement of Foreign Judgments and Arbitral Awards
INTRODUCTION INTO PRIVATE INTERNATIONAL LAW OF THE EUROPEAN UNION
European actions.
Case 195/08 PPU Rinau.
Private International Law
European private international law
Private International Law
FORUM AND LAW Satu Pitkänen 2015
FORUM AND LAW.
FORUM AND LAW.
Case C-29/10 Heiko Koelzsch v. État du Grand-Duché de Luxembourg
In Joined Cases C‑168/16 and C‑169/16,
Professor: Mateusz Prorok Presenters: Bun Rithy Sorn Kann
Presentation transcript:

The Brussels I Regulation Jurisdiction in matters of insurance, consumers contracts and individual contracts of employment

The Brussels I Regulation Jurisdiction in chosen matters The articles 8-21 of the Regulation set down special rules for jurisdiction in chosen matters – insurance, consumer contracts and individual contracts of employment. The reason for such provisions – protection of the „typically“ weaker party.

The Brussels I Regulation Jurisdiction in the matters relating to insurance Articles 8-14 of the Regulation. The weaker party shall be either the policyholder, either the insured person or the one who benefits from the insurance contracts (beneficiary). The basic rule for determination of the jurisdiction in these matters – article 9 of the Regulation:

The Brussels I Regulation Jurisdiction in the matters relating to insurance – prorogation agreement The prorogation agreement according to conditions set by the article 23 is not allowed contrary the provisions of the section, but there is special provision – article 13.

The Brussels I Regulation Jurisdiction over consumer contracts Articles of the Regulation The weaker party – the consumer. The contracts for a purpose which can be regarded as being outside of his trade or profession.

The Brussels I Regulation Jurisdiction over consumer contracts According to article 15 para 1 letter a – sale of goods on instalment credit: ECJ Case 150/77 Bertrand v. Paul Ott

The Brussels I Regulation Jurisdiction over consumer contracts The regulation of the consumer contracts is not satisfactory – article 15 para 1 letter c) – is focussed only on „passive consumer“ – the one who buys only in the Member state, where he is domiciled. Does not apply to contracts of transport, unless they are combined with accommodation.

The Brussels I Regulation Jurisdiction over consumer contracts The basic rule of the jurisdiction – article 16. A consumer may bring proceedings against the other party to a contract either in courts of the Member state in which that party is domiciled of in the courts for the place where consumer is domiciled. The consumer may be sued only in the place, where he is domiciled.

The Brussels I Regulation Jurisdiction over consumer contracts – prorogation agreement The application of the article 23 contrary the provisions of this section is not allowed, however the article 17 allows prorogation agreement over consumer contracts with certain conditions.

The Brussels I Regulation Jurisdiction over consumer contracts A lot of decisions of EC courts in this matter, e.g.: C-464/01 Johann Gruber v. Bay Wa AG Bingo decisions 1) Decision Gabriel C 96/00 – 2) Verand GmbH C 27/02 – Missis Engler

The Brussels I Regulation Jurisdiction over individual contracts of employment Articles The weaker party is employee.

The Brussels I Regulation Jurisdiction over individual contracts of employment – prorogation agreement The application of the article 23 contrary the provisions of this section is not allowed, however the article 21 allows prorogation agreement individual contracts of employment, in certain situations.

Brussels I Regulation Jurisdiction over individual contracts of employment Decision Petrus Rutten v. Cross Medical Ltd. C 383/95 Decisions - 555/03 –Magali Warbecq v Ryanair Ltd. 437/00 - Giulia Pugliese v Finmeccanica SpA, Betriebsteil Alenia Aerospazio – two employers.

The Brussels I Regulation The recognition and enforcement of judgments

The Brussels I Regulation The enforcement and recognition of judgments Two systems of enforcement of a judgement of one Member state in another Member state: 1. The Brussels I Regulation 2. The EEO Regulation (European enforcement order for uncontested claims)

The Brussels I Regulation The enforcement and recognition of judgments Simpler rules than the rules about the jurisdiction. Chapter III of the Regulation – articles Basic aim – free movement of judgments Interpretation – Court of justice

The Brussels I Regulation The enforcement and recognition of judgments The procedure of recognition and enforcement – 3 phases: 1. Recognition 2. Declaration of enforceability of judgment 3. Enforcement of judgment The notion „judgment“ (article 32 of the Regulation): „any judgment given by a court or tribunal of a Member state, whatever the judgment may be called“

The Brussels I Regulation The recognition of judgments The principle of automatic recognition of judgments – no special procedure, no special decision is required. No review of the substance of the judgment is allowed.

The Brussels I Regulation The enforcement of judgments Article 38 of the Regulation – a judgment of one Member state may be enforced in another Member state after it has been declared enforceable (exequatur proceeding). Application for the declaration of enforceability is required. Application shall be submitted to courts in Annex II of the Regulation.

The Brussels I Regulation The enforcement of judgments Strictly formal procedure: If the conditions required (copy of decision + certificate according to articles 54-58) are fulfilled, the court issues decision of enforceability immediately without any review. The defendant does not know about the application in that phase, the delivered decision is serviced to him (then only he acquires information about the procedure).

The Brussels I Regulation The enforcement of judgments Against the decision about enforceability – an appeal is permissible –to the courts in Annex III The term is one month (if the defendant is domiciled in other member state, than where the decision was issued – two months). Against the decision of appeal – a remedy is permissible – regulated by national law – annex IV.

The Brussels I Regulation The enforcement of judgments The enforcement of the judgment which has be declared enforceable – regulated by the national law of the state. The application for the enforcement can be raised together with the application for the declaration of the enforceability. However, according to the possibility of raising an appeal – the decision allowing the enforcement can not come into legal force earlier than the decision about the enforceability.