European judicial training strategy (2021–2024) Commission communication – Ensuring justice in the EU – A European judicial training strategy for 2021–2024 aims to consolidate a common European judicial culture based on the rule of law, fundamental rights and mutual trust. To achieve this, it sets out a European judicial training strategy with measures to boost […]
Category: Civil Justice [EU]
Consumer Injunctions [EU]
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 […]
Recognition Judgments EU
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 ’). […]
Contracts Applicable Law EU
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 […]
Insolvency Applicable Law EU
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 […]
Succession Applicable Law EU
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 […]
Non-Contract Applicable Law EU
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 […]
EU External Justice Powers [EU]
Civil judicial cooperation and agreements with non-EU countries Regulation (EC) No 662/2009 — negotiation and conclusion of agreements between EU and non-EU countries in regard to the law applicable to contractual and non-contractual obligations It aims at ensuring coherence in the EU’s external action in an area now falling within the exclusive competence of the […]
Taking Evidence EU
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 […]
Transmission Court Documents [EU]
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 […]
Mediation [EU]
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 […]
Civil Legal Aid [EU]
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; […]
Justice Policy EU
Area of freedom, security and justice The Treaty of Lisbon intends to reinforce the establishment of a European common area within which persons move freely and benefit from effective legal protection. The creation of such an area has implications for areas in which European citizens have high expectations, such as immigration and the fight against […]
EU Payment Order [EU]
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 […]
EU Account Preservation
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 […]
Parental Responsibility [EU]
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 […]
EU Divorce Recognition
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 […]
EU Maintenance Enforcement
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 […]