Jurisdiction over non-EU defendants : should the Brussels Ia regulation be extended?

This book looks at the question of extending the reach of the Brussels Ia Regulation to defendants not domiciled in an EU Member State. The Regulation, the centrepiece of the EU framework on civil procedure, is widely recognised as one of the most successful legal instruments on judicial cooperation. To provide a basis for the discussion of its possible extension, this volume takes a closer look at the national rules that currently govern the question of jurisdiction over non-EU defendants in each Member State through 17 national reports. The insights gained from them are summarised in a comparative report and critically discussed in further contributions, which look at the question both from a European and from a wider global perspective. Private international lawyers will be keen to read the findings and conclusions, which will also be of interest to practitioners and policy makers. Volume 36 in the series Studies in Private International Law Foreword by Michal Bobek Series Editors’ Preface Preface Contents List of Contributors Table of CJEU Cases I. Questionnaire II. Comparative Report Questions 1(a) and 1(b) Question 1(c) Question 1(d) Question 2 Question 3 Question 4 Question 5(a) Question 5(b) Question 5(c) Question 5(d) Question 6 III. National Reports Austria Question 1 Question 2 Question 3 Question 4 Question 5 Belgium Question 1 Question 2 Question 3 Question 4 Question 5 Bulgaria Question 1 Question 2 Question 3 Question 4 Question 5 Croatia Question 1 Question 2 Question 3 Question 4 Question 5 Cyprus Question 1 Question 2 Question 3 Question 4 Question 5 France Question 1 Question 2 Question 3 Question 4 Question 5 Germany Question 1 Question 2 Question 3 Question 4 Question 5 Greece Question 1 Question 2 Question 3 Question 4 Question 5 Hungary Question 1 Question 2 Question 3 Question 4 Question 5 Italy Question 1 Question 2 Question 3 Question 4 Question 5 Latvia Introductory Remarks Question 1 Question 2 Question 3 Question 4 Question 5 Lithuania Question 1 Question 2 Question 3 Question 4 Question 5 Malta Question 1 Question 2 Question 3 Question 4 Question 5 Netherlands Question 1 Question 2 Question 3 Question 4 Question 5 Poland Question 1 Question 2 Question 3 Question 4 Question 5 Spain 1. Spanish International Jurisdiction Regime: Sources and Features 2. Role of the Spanish International Jurisdiction Rules in Transnational and Domestic Claims 3. Spanish General Rules of Jurisdiction 4. Spanish Special Rules of Jurisdiction Over Contractual and Non-Contractual Obligations 5. Special Protection Rules: Consumers, Insurance and Employment Contracts Sweden Question 1 Question 2 Question 3 Question 4 Question 5 IV. The European Perspective Ratione Materiae Reciprocity as a Head of Jurisdiction in View of the Extension of the Brussels Ia Regulation to Non-EU Defendants I. Introduction II. Solutions Considered During the Recast of Brussels I III. Reciprocity as a Head of Jurisdiction: Former Art 4 No 4 of the Italian Code of Civil Procedure IV. Ratione Materiae Reciprocity: A Connecting Factor in Cases Involving Non-EU Defendants V. The Global Perspective Jurisdiction Over Non-EU Defendants: The Brussels I Article 79 Review I. Introduction II. Article 79 III. The Context for Article 79 IV. Concluding Thoughts Serbian Perspective on the Proposed Changes of the Brussels I Recast Regulation 1. Introduction 2. Current State of Private International Law Legislation in Serbia 3. Possibilities and Strategies for Harmonisation of Serbian Private International Law with EU Acquis 4. Potential Impact of Changes of the Brussels Regime to the Defendants Domiciled in Serbia 5. Conclusion Extending the Brussels Ia Regulation to Third State Defendants – Cui Bono? A Third State Perspective from the UK I. Introduction II. Status Quo III. Full Extension of the Regulationto Third State Defendants IV. Consequences of a Full Extension V. Other Reform Options VI. Conclusion VI. Outlook The Resumed HCCH Jurisdiction Project I. Introduction II. Historical Background of the Jurisdiction Project III. Jurisdiction Project IV. Outlook Index