The EU Commission Proposal for a Revised Version of the Brussels I Regulation

On 14th December 2010, the EU Commission presented a proposal for a revised version of the Brussels I Regulation. The Brussels I Regulation may be regarded as the most important measure which has been adopted at the European Union level in the sphere of private international law. Ihe Regulation applies to most gpes of civil matters. It is at present in force in all 27 EU Member States and has in substance been extended to three other countries The Revision Proposal envisages the adoption of a new Regulation which would replace the Brussels I Regulation Major changes envisaged by the Revision Proposal concern the assimilation of external defendants to internal defendants, the relation between jurisdiction clauses and concurrent proceedings, elimination of the need for a declaration of enforceability in respect of a judgement from a Member State, restriction of the grounds on which recognition or enforcement may be refused and strengthening of the effectiveness of arbitration clauses. A major feature, comprising the assimilation of the treatment of external defendants to that of internal defendants, deserves an enthusiastic welcome. Other changes proposed may be regarded as variable in quality but the proposed provisions regarding recognition and enforcement of judgments amount to major steps in entirely the wrong direction.