Grant of Representation When a deceased dies leaving assets, the assets pass to his personal representative. In order to carry into effect the deceased\’s wishes (or in the case of administrators, the division of assets required by law), they must obtain a grant of representation. This is a grant of probate in the case of a will and letters of administration where there is no […]
EU Regulations The position among EU states is now governed by EU regulations. It applies to foreign divorces granted after 1st March 2001 in the original 15 EU states. After May 2004, it was extended to the 10 new EU accession states and states and the three states that later acceded. The Regulation is part of the general Brussels II Regulation on the recognition of […]
Stay for Appropriate Court The Courts may stay proceedings on the basis that Ireland is not the appropriate Court. There is a similar but more precise provision in cases under the European Union rule. With the non-European Union rules, the position is much more discretionary. Where proceedings are commenced in Ireland on the basis of serving the defendant while present or seeking the Court’s permission […]
Judgments Act 2012 The purpose of the Jurisdiction of Courts and Enforcement of Judgments Act 2012 A to give effect to the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters signed at Lugano on 30 October 2007. This Convention supersedes the 1988 Convention of the same name which involves the Member States of the EU and the European […]
Injunctions protecting the collective interests of consumers Scope (until 2023) SUMMARY OF: Directive 2009/22/EC – injunctions for the protection of consumers’ interests WHAT IS THE AIM OF THE DIRECTIVE? It introduces European Union (EU) rules to ensure that injunctions are effective enough to terminate infringements that are harmful to the collective interests of consumers. The directive will be repealed and replaced by Directive (EU) 2020/1828 […]
Court jurisdiction in legal cases involving different EU countries Regulation (EU) No 1215/2012 – jurisdiction and the recognition and enforcement of judgments in civil and commercial matters It updates a previous EU law on the jurisdiction, the recognition and enforcement of judgments in civil and commercial matters (known as the ‘ Brussels I regulation ’). It aims to make the circulation of judgments in civil […]
Convention on the law applicable to contractual obligations (Rome Convention) Convention 80/934/EEC on the law applicable to contractual obligations opened for signature in Rome on 19 June 1980 The convention establishes uniform rules concerning the law applicable to contractual obligations in the EU.It has applied since 1 January 1991. Scope The convention on the law applicable to contractual obligations was opened for signature in Rome […]
More effective rules on insolvency proceedings across EU borders Regulation (EU) 2015/848 — insolvency proceedings It aims to ensure the efficient administration of insolvency proceedings involving an individual or business with business activities or financial interests in an European Union (EU) country other than the one in which they are usually based. It recasts and replaces Regulation (EC) No 1346/2000. General The regulation sets out […]
Jurisdiction and applicable law in succession matters and European Certificate of Succession Regulation (EU) No 650/2012 on matters of succession and on the creation of a European Certificate of Succession It provides legal certainty to beneficiaries of international successions, avoids conflicting decisions and simplifies proceedings. It thus makes it easier for beneficiaries in another EU country to enjoy the rights which have been granted or […]
The law applicable to non-contractual obligations Regulation (EC) No 864/2007 — the law applicable to non-contractual obligations (Rome II) —It brings greater legal certainty as to the law applicable with respect to non-contractual obligations, in particular in cases of tort (a wrong under civil law) and delict (civil liability). —It also ensures a reasonable balance between the interests of the person claimed to be liable […]
Taking of evidence in civil and commercial matters Regulation (EU) 2020/1783 on cooperation between the courts of the EU countries in taking evidence in civil or commercial matters aims to improve the effectiveness and speed of cross-border judicial proceedings in civil and commercial cases by simplifying and streamlining procedures for taking evidence. The regulation applies in civil and commercial matters when a court (‘requesting court’) either […]
Transmitting judicial and extrajudicial documents between EU countries (Post July 22) Regulation (EU) 2020/1784 on the service in the EU countries of judicial and extrajudicial documents in civil or commercial matters aims to improve the efficiency and speed of transmitting and servicing judicial* and extrajudicial* documents in cross-border civil and commercial cases by reducing the use of paper. It does so while ensuring the documents’ security […]
Mediation in civil and commercial matters A predictable legal framework can enable European Union (EU) citizens to benefit fully from the advantages of mediation* as a dispute resolution process, particularly in terms of cost-effectiveness and speed. Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters The directive aims to encourage […]
Legal aid in civil and commercial matters Directive 2003/8/EC — improved access to justice in cross-border disputes by establishing minimum common rules relating to legal aid It seeks to: improve access to justice in cross-border civil cases; establish EU-wide rules on legal aid; make sure people who cannot afford legal help have access to it; encourage cooperation on legal aid between EU countries. It has […]
European order for payment procedure Regulation (EC) No 1896/2006 — creating a European order for payment procedure The regulation creates a European order for payment procedure for claims not contested by the defendant. This simplifies, speeds up and reduces the costs of litigation in cases involving more than one EU country. It also permits the free circulation of European orders for payment which are recognised […]
The European Account Preservation Order for debt recovery between EU countries Regulation (EU) No 655/2014 — European Account Preservation Order It aims to facilitate debt recovery between EU countries in civil and commercial matters. It establishes a new procedure allowing a court in one EU country to freeze funds in the bank account of a debtor in another EU country. A European procedure is established […]
Matrimonial and parental responsibility judgments — jurisdiction, recognition and enforcement Regulation (EU) 2019/1111 on jurisdiction, recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction It repeals Regulation (EC) No 2201/2003, known as ‘The Brussels IIa Regulation’, to provide more effective rules protecting children and their parents caught up in cross-border parental-responsibility disputes, for example concerning […]
Law applicable to divorce and legal separation Regulation (EU) No 1259/2010 — law applicable to divorce and legal separation It establishes a single set of rules to determine which national law should apply to proceedings for divorce or legal separation involving spouses who are of different nationality, live in a country different from their country of nationality or no longer live in the same EU […]
Maintenance obligations The Regulation covers cross-border maintenance applications arising from family relationships. It establishes common rules for the entire European Union (EU) aiming to ensure recovery of maintenance claims even where the debtor or creditor is in another EU country. Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance […]
Conflict of Laws Conflicts of law, otherwise described as private international law, deals with legal issues that arise when more than two States’ legal systems /or jurisdictions are involved in a transaction or event. The rules decide which country’s law applies. The rules also decide which country’s courts have the sole or primary right to hear disputes. They also deal with the enforcement of judgments […]
General Rules The European Union Judgment Regulation sets out which states a person must be sued and which state has jurisdiction over particular types of proceedings and disputes. If a person is domiciled in a particular EU state, he may generally be sued in that State. The relevant time is when the claim is issued. If one of the exceptional provisions does not apply, the […]
Branch or Agency In the case of a dispute arising out of the operation of a branch, agency or establishment, the person may be sued in the EU state where it is situated. Operations may cover contractual and non-contractual matters and obligations arising from its activities. This allows injured parties to take legal action against a branch or agency in the place where it is […]
EU Rules The EU rules only apply to civil and commercial matters within their scope. The recognition of a foreign judgment in the EU is not governed by the EU rules. The Judgment Regulations deal with the jurisdiction of courts (powers to hear the case) in respect of particular types of contracts. Where these rules apply, they are exclusive, and other rules in the regulations […]
Automatic Recognition The EU Judgment Regulation allows for almost automatic recognition of judgments between EU Member States. The judgment Regulation is directly effective law in all of the European Union’s member states. It overrides any inconsistent laws. Originally, steps were required to recognise the judgment. Under the amended Regulation, recognition is automatic, and the onus is on the defendant to challenge the recognition of the […]
Application of EU Rules The rules set out in other chapters regarding EU disputes apply only when the conditions in them are satisfied. There is generally a dispute between EU-based parties. Where the EU rules don’t apply the traditional common law rules apply. These are quite different in that they are more discretionary and less mandatory. The EU rules do not apply where the defendant […]
General Questions about which law is to apply arise where there is an international element. A separate issue to the issue of which Court hears the dispute is the question of which country’s or jurisdiction’s laws apply. For example, there may be a contract by which an Irish trader agrees to sell goods to a German buyer in France. In the case of a claim […]
Protective EU Rules The EU rules on the choice of law seek to protect consumers and employees. These rules override whatever may be contained in a contract. The consumer rules apply where the purpose of the contract is to supply goods or services to a person outside of his or her trade or profession. Mandatory requirements are requirements that are imposed irrespective of the country […]
Method of Enforcement The Brussels Recast Regulation applies to the enforcement of judgments within the EU of judgments from the courts of other EU Member States. There are various conventions and rules that apply to the recognition of judgment given in countries other than EU countries. Lugano Convention – the enforcement of judgments from (EFTA) states, namely Iceland, Norway and Switzerland The Hague Judgments Convention […]
Overview The conflicts of law rules for tort and other non-contractual matters have now been revised significantly as of January 2009 by European Union Regulation. As with the judgments regulation, the European legislation applies directly in all States and has the direct force of law. Parties have the freedom of choice to submit non-contractual obligations to their chosen law. They may agree on the law […]
Choice In Principle Permitted Parties may submit non-contractual obligations to the law of their choice. That is, they may usually choose which law to apply. This also applies to non-contractual obligations other than those arising from unfair competition or the infringement of intellectual property rights. Conditions are applied in order to protect consumers and weaker parties. Where the agreement is entered after the damage, these […]
Location of Intangibles Intangible assets give rise to difficulties. Difficulties arise in relation to the situation of intangible assets. The particular issues will depend on the class of asset concerned. An intangible asset is usually situated where it can be recovered or enforced. Generally intellectual property rights are situated where they are registered. Shares are situated where registered. Debts are situated where the debtor resides. […]
Background The issue of recognition of divorce is of potentially great significance. Formerly, prior to the below amendments, the basis upon which a divorce was recognised in Ireland was extremely limited. Following the divorce referenda and European legislation, the position has been radically altered. The Constitution originally contained a provision prohibiting the enactment of a law allowing for the dissolution of marriage. To further support the […]
Formalities – Place of Marriage The well-established principle is that the formalities of marriage are governed by the place where the marriage ceremony takes place. The validity is determined by the laws of that jurisdiction only. Even if a marriage might be valid in the same circumstances domestically, it would be invalid if not valid in accordance with the laws of the place where the […]
Overview Brussels II bis deals with jurisdiction in matters of parental responsibility. Parental responsibility is defined as rights and duties relating to the person or property of a child that are given to a natural or legal person by judgment, by operation of law, or by agreement having a legal effect. They include matters of custody and access. Subject to the following, the courts of […]
Brussels II The Brussels II Regulation provides the general jurisdiction of courts for the purpose of recognition of judgments and orders within the EU. Jurisdiction lies with the courts of the member state in whose territories the spouse is habitually resident or where the spouses were last habitually insofar as one of them still habitually resides there or the respondent is habitually resident or in […]
Where a person dies his assets vest in his personal representative. This may be the executor appointed by will or an administrator, generally the person with the greatest entitlement to the net assets. The conflict of law rules differ depending on the type of asset concerned. Generally, succession to immovable goods is determined by the law of the place in which they are situated. In […]
Modern Registrars In modern times, technology and the drive for a more efficient system for holding shares have fundamentally changed the means by which shares are held in public companies and in some private companies. Many transfers are effected by electronic entries in a securities account. Most publicly traded securities have been dematerialised. Where not dematerialised, many have been immobilised by the lodgement of the […]