Article 40 1. Article 42 1. Article 43 1. Article 45 1. Article 46 1. Article 47 1. Article 48 1. Section 3 Dispositions communes Article 53 1. Article 55 1. Article 60 1. Article 63 1. Article 64 1. Article 65 1.
Article 68 1. Article 70 1. Article 71 1. Article 74 1. Article 75 1. Pierret 1 JO C du JO L du Nom: 2. Adresse: 2. En revanche, dans le second cas, la loi o Voy. Wautelet, « Quelques obser- Voy. Le restreignant la libre concurrence. Il ne s'agit toutefois Voy. PIL, , pp. Fallon, Commission, p. Fauvarque-Cosson et S. Jaffe- of forum, choice of law and the case for pursuing ef- rali, M.
Weinberger, fective legal uniformity », Riv. Sur le moment de l'exercice de sion, p. En droit belge, voy. Docquir, « Le titulaire du droit d'auteur - Etude de re de conflits de lois, Cass. Puttemans, op. Roox, « Intellectuele eigendom in het nieuwe wet- cit. Pour une analyse de cette op- et s. Bien ment sans cause Ainsi, en cas d'atteinte commise sur le tuelle comme un fait dommageable, mais territoire de plusieurs Etats, il y aura lieu de comme une situation d'enrichissement sans faire une application distributive des lois en cause On ne forme par un instrument communautaire.
Il en Voy. Cruquenaire, op. En droit allemand, la B. Docquir, op. Roox, op. En Belgique, Proposition initiale de la Commission, p. Dorssemont et A. Van Hoek, op. Mengozzi avant C. Hoek, « De collectieve actie bij arbeidsconflicten in Comp. Hoek, op. Van plication de la loi du lieu du dommage n'aboutisse Hoek, op. Pie- p. En effet, que l'on fasse ou non le Markesinis, H.
Unberath et A. Johnston, The German Law of Contract. A comparative Treatise, Sur cette question, voy. Tubeuf, op. Les articles 10 et 11 du Toutefois, tant en raison de de conflit subsidiaire. Ainsi, direct. Zweigert contrats, tels que ceux conclus par un consomma- et H. Cornelis et V. Un exemple figurant Voy.
Or, une frau- s'agir d'un contrat nul proposition initiale de la Com- de constitue a priori toujours une faute, et donc un mission, p. L'importance no G, I, no , pp. Interim Outline Edition, Munich, R. Sellier European Law Publishers, , p. Sans saisi Ainsi, par Voy. Giuliano-Lagarde, commentaire de l'article 14, A, Voy. Fallon, Droit p. En raison de la formulation lar- p.
Rapport Giuliano-Lagarde, commentaire de cit. Il inclut : ment au droit belge en vertu de l'article 4. Rappelons d'accident » Pour une explicitation du domaine de la loi applicable Commentaire de l'article 10 de la proposition aux obligations quasi contractuelles, voy. Hamburg de convention du G. Rapport Reese, p. Essen, Doc. Wautelet, op. En effet, public au sens du droit interne. Foriers, « Observations sur la notion d'ordre public, cons.
Symeonides, d'auteur et les droits voisins, les programmes d'ordi- « Resolving punitive-damages conflicts », Yearb. Jafferali, ne du Conseil, p. A party applying for a declaration of enforceability shall also produce the certificate referred to in Article 54, without prejudice to Article The court or competent authority of a Member State where a judgment was given shall issue, at the request of any interested party, a certificate using the standard form in Annex V to this Regulation.
If the certificate referred to in Article 54 is not produced, the court or competent authority may specify a time for its production or accept an equivalent document or, if it considers that it has sufficient information before it, dispense with its production. If the court or competent authority so requires, a translation of the documents shall be produced. The translation shall be certified by a person qualified to do so in one of the Member States. No legalisation or other similar formality shall be required in respect of the documents referred to in Article 53 or Article 55 2 , or in respect of a document appointing a representative ad litem.
A document which has been formally drawn up or registered as an authentic instrument and is enforceable in one Member State shall, in another Member State, be declared enforceable there, on application made in accordance with the procedures provided for in Articles 38, et seq. The court with which an appeal is lodged under Article 43 or Article 44 shall refuse or revoke a declaration of enforceability only if enforcement of the instrument is manifestly contrary to public policy in the Member State addressed.
Arrangements relating to maintenance obligations concluded with administrative authorities or authenticated by them shall also be regarded as authentic instruments within the meaning of paragraph 1. The instrument produced must satisfy the conditions necessary to establish its authenticity in the Member State of origin.
Section 3 of Chapter III shall apply as appropriate. The competent authority of a Member State where an authentic instrument was drawn up or registered shall issue, at the request of any interested party, a certificate using the standard form in Annex VI to this Regulation. A settlement which has been approved by a court in the course of proceedings and is enforceable in the Member State in which it was concluded shall be enforceable in the State addressed under the same conditions as authentic instruments.
The court or competent authority of a Member State where a court settlement was approved shall issue, at the request of any interested party, a certificate using the standard form in Annex V to this Regulation. In order to determine whether a party is domiciled in the Member State whose courts are seised of a matter, the court shall apply its internal law. If a party is not domiciled in the Member State whose courts are seised of the matter, then, in order to determine whether the party is domiciled in another Member State, the court shall apply the law of that Member State.
For the purposes of this Regulation, a company or other legal person or association of natural or legal persons is domiciled at the place where it has its:. For the purposes of the United Kingdom and Ireland "statutory seat" means the registered office or, where there is no such office anywhere, the place of incorporation or, where there is no such place anywhere, the place under the law of which the formation took place.
In order to determine whether a trust is domiciled in the Member State whose courts are seised of the matter, the court shall apply its rules of private international law.
Without prejudice to any more favourable provisions of national laws, persons domiciled in a Member State who are being prosecuted in the criminal courts of another Member State of which they are not nationals for an offence which was not intentionally committed may be defended by persons qualified to do so, even if they do not appear in person.
However, the court seised of the matter may order appearance in person; in the case of failure to appear, a judgment given in the civil action without the person concerned having had the opportunity to arrange for his defence need not be recognised or enforced in the other Member States.
A person domiciled in the territory of the Grand Duchy of Luxembourg and sued in the court of another Member State pursuant to Article 5 1 may refuse to submit to the jurisdiction of that court if the final place of delivery of the goods or provision of the services is in Luxembourg.
Where, under paragraph 1, the final place of delivery of the goods or provision of the services is in Luxembourg, any agreement conferring jurisdiction must, in order to be valid, be accepted in writing or evidenced in writing within the meaning of Article 23 1 a.
The provisions of this Article shall not apply to contracts for the provision of financial services. The provisions of this Article shall apply for a period of six years from entry into force of this Regulation. In proceedings involving a dispute between the master and a member of the crew of a seagoing ship registered in Greece or in Portugal, concerning remuneration or other conditions of service, a court in a Member State shall establish whether the diplomatic or consular officer responsible for the ship has been notified of the dispute.
It may act as soon as that officer has been notified. The jurisdiction specified in Article 6 2 , and Article 11 in actions on a warranty of guarantee or in any other third party proceedings may not be resorted to in Germany and Austria.
Any person domiciled in another Member State may be sued in the courts:. Any effects which judgments given in these States may have on third parties by application of the provisions in paragraph 1 shall also be recognised in the other Member States. This Regulation shall apply only to legal proceedings instituted and to documents formally drawn up or registered as authentic instruments after the entry into force thereof.
However, if the proceedings in the Member State of origin were instituted before the entry into force of this Regulation, judgments given after that date shall be recognised and enforced in accordance with Chapter III,. This Regulation shall not prejudice the application of provisions governing jurisdiction and the recognition and enforcement of judgments in specific matters which are contained in Community instruments or in national legislation harmonised pursuant to such instruments.
This Regulation shall, as between the Member States, supersede the Brussels Convention, except as regards the territories of the Member States which fall within the territorial scope of that Convention and which are excluded from this Regulation pursuant to Article of the Treaty.
In so far as this Regulation replaces the provisions of the Brussels Convention between Member States, any reference to the Convention shall be understood as a reference to this Regulation. Subject to Article 66 2 and Article 70, this Regulation shall, as between Member States, supersede the following conventions and treaty concluded between two or more of them:. The Treaty and the Conventions referred to in Article 69 shall continue to have effect in relation to matters to which this Regulation does not apply.
They shall continue to have effect in respect of judgments given and documents formally drawn up or registered as authentic instruments before the entry into force of this Regulation. This Regulation shall not affect any conventions to which the Member States are parties and which in relation to particular matters, govern jurisdiction or the recognition or enforcement of judgments. With a view to its uniform interpretation, paragraph 1 shall be applied in the following manner:.
The court hearing the action shall, in any event, apply Article 26 of this Regulation;. Where a convention on a particular matter to which both the Member State of origin and the Member State addressed are parties lays down conditions for the recognition or enforcement of judgments, those conditions shall apply. In any event, the provisions of this Regulation which concern the procedure for recognition and enforcement of judgments may be applied.
This Regulation shall not affect agreements by which Member States undertook, prior to the entry into force of this Regulation pursuant to Article 59 of the Brussels Convention, not to recognise judgments given, in particular in other Contracting States to that Convention, against defendants domiciled or habitually resident in a third country where, in cases provided for in Article 4 of that Convention, the judgment could only be founded on a ground of jurisdiction specified in the second paragraph of Article 3 of that Convention.
No later than five years after the entry into force of this Regulation, the Commission shall present to the European Parliament, the Council and the Economic and Social Committee a report on the application of this Regulation.
The report shall be accompanied, if need be, by proposals for adaptations to this Regulation. The Commission shall adapt the Annexes concerned accordingly. The updating or technical adjustment of the forms, specimens of which appear in Annexes V and VI, shall be adopted in accordance with the advisory procedure referred to in Article 75 2.
This Regulation is binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.
The courts or competent authorities to which the application referred to in Article 39 may be submitted are the following:. Certificate referred to in Articles 54 and 58 of the Regulation on judgments and court settlements. Date of service of the document instituting the proceedings where judgment was given in default of appearance. The authentic instrument is enforceable against the debtor in the Member State of origin Article 57 1 of the Regulation.
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Multilingual display. The Regulation shall not apply to: a the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills and succession; b bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings; c social security; d arbitration.
Article 3 1. Article 4 1. Article 6 A person domiciled in a Member State may also be sued: 1. Article 7 Where by virtue of this Regulation a court of a Member State has jurisdiction in actions relating to liability from the use or operation of a ship, that court, or any other court substituted for this purpose by the internal law of that Member State, shall also have jurisdiction over claims for limitation of such liability.
Section 3 Jurisdiction in matters relating to insurance Article 8 In matters relating to insurance, jurisdiction shall be determined by this Section, without prejudice to Article 4 and point 5 of Article 5. Article 9 1. An insurer domiciled in a Member State may be sued: a in the courts of the Member State where he is domiciled, or b in another Member State, in the case of actions brought by the policyholder, the insured or a beneficiary, in the courts for the place where the plaintiff is domiciled, c if he is a co-insurer, in the courts of a Member State in which proceedings are brought against the leading insurer.
Article 10 In respect of liability insurance or insurance of immovable property, the insurer may in addition be sued in the courts for the place where the harmful event occurred. Article 11 1. Article 12 1. Article 13 The provisions of this Section may be departed from only by an agreement: 1.
Article 14 The following are the risks referred to in Article 13 5 : 1. Section 4 Jurisdiction over consumer contracts Article 15 1.
In matters relating to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, jurisdiction shall be determined by this Section, without prejudice to Article 4 and point 5 of Article 5, if: a it is a contract for the sale of goods on instalment credit terms; or b it is a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or c in all other cases, the contract has been concluded with a person who pursues commercial or professional activities in the Member State of the consumer's domicile or, by any means, directs such activities to that Member State or to several States including that Member State, and the contract falls within the scope of such activities.
Article 16 1. Article 17 The provisions of this Section may be departed from only by an agreement: 1. Section 5 Jurisdiction over individual contracts of employment Article 18 1. Article 19 An employer domiciled in a Member State may be sued: 1. Article 20 1. Article 21 The provisions of this Section may be departed from only by an agreement on jurisdiction: 1. Section 6 Exclusive jurisdiction Article 22 The following courts shall have exclusive jurisdiction, regardless of domicile: 1. However, in proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts of the Member State in which the defendant is domiciled shall also have jurisdiction, provided that the tenant is a natural person and that the landlord and the tenant are domiciled in the same Member State; 2.
In order to determine that seat, the court shall apply its rules of private international law; 3. Without prejudice to the jurisdiction of the European Patent Office under the Convention on the Grant of European Patents, signed at Munich on 5 October , the courts of each Member State shall have exclusive jurisdiction, regardless of domicile, in proceedings concerned with the registration or validity of any European patent granted for that State; 5.
Section 7 Prorogation of jurisdiction Article 23 1. Such an agreement conferring jurisdiction shall be either: a in writing or evidenced in writing; or b in a form which accords with practices which the parties have established between themselves; or c in international trade or commerce, in a form which accords with a usage of which the parties are or ought to have been aware and which in such trade or commerce is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade or commerce concerned.
Article 24 Apart from jurisdiction derived from other provisions of this Regulation, a court of a Member State before which a defendant enters an appearance shall have jurisdiction.
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