Assignment

Assignment

Assignment

The Act defines the jurisdiction of the courts in civil and commercial matters. It states that the solutions in the Member State of the European Union (EU), are recognized in other Member States without the need for any procedure except spores. Declaration on the implementation of the decision will be published after purely formal checks of the documents without the court may, on its own initiative the grounds of non-performance under control. It does not apply to revenue, customs or administrative matters or the following:

Status and capacity of persons, matrimonial relationship, wills and succession;

bankruptcy;

social security;

On arbitration.

General Court

The basic principle is that the jurisdiction of the Member State in which the defendant resides, regardless of their nationality. The definition of residence in accordance with the legislation of a Member State of the court seized. When one of the parties reside in a Member State whose courts are seized of the matter, to determine whether the participant resides in another Member State shall apply the law of that Member State. For legal persons or companies, residence is determined by the location of its registered office, central administration or principal place of business. For the trust, as determined by the courts of the Member State of the court before the court applies the rules of private international law in the country .

Sue the defendant in another Member State

Despite the basic principle that power, in some cases, the defendant may be sued in another Member State. This is the case in the context of the tasks listed in the regulation: special or exclusive jurisdiction, competition, insurance, consumer contracts and individual employment contracts.

Jurisdiction of special courts, for example:

Contractual issues (in general, the court in which the obligation was or should be);

Maintenance obligations (usually the court of the place where the maintenance creditor);

Proceedings of the offense (the court of the place where the damage occurred).

The Regulation of the European Parliament and the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (No. 44/2001) hereinafter the Brussels I Regulation) controls within the European Community which court has jurisdiction to Taking a dispute arising between private parties in civil and commercial matters. The Brussels I Regulation governs in connection with this the recognition and enforcement of a judgment from one Member State another member of the European Community. Thus, the Brussels I Regulation as the cornerstone for the civil cooperation in the European Community.

The European Commission December 14, 2010 presented a proposal that aims at recasting of the Brussels I Regulation. Here are two important changes are proposed. In the first place, it has been proposed to leave the enforcement (exequatur) to abolish. At this time, for the enforcement of a judgment from one Member State in another Member State is an exequatur in the country of enforcement required. The European Commission has been proposed in the second place, the jurisdiction to extend of defendants who are resident in the European Union to defendants who outside the European Union. The legal basis is Article 67 paragraph 4 and Article ...