The Brussels I Regulation (EU) 1215/2012 contains a jurisdictional regime: the rules which courts of European Union Member States use to determine if they have jurisdiction in cases with links to more than one country in the European Union. The basic principle is that the court in the member state of the party that gets sued has jurisdiction, while other grounds exist, which are diverse in content and scope, and are often classified in descending order of exclusivity and specificity.[1] The original Brussels Regulation (44/2001) is, with regard to jurisdiction rules, very similar to the 2007 Lugano Convention (which applies when the dispute has links to more than one party the convention), containing the same provisions with the same numbering. Numbering and certain substantial issues are different in the 2012 recast version of the Regulation, which has applied since 1 January 2015 (1215/2012).
- ^ See for example Briggs, A., The Conflict of Laws, Oxford, OUP, 2008, 65 and Van Calster, G., European Private Law, Oxford, Hart Publishing, 2013, 51.