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No /, (the Brussels II bis Regulation) to determine the jurisdiction. soudní příslušnosti dle nařízení Brusel II bis ve světle nejnovější judikatury. Brussels II Regulation (EC) No /, also called Brussels IIA or II bis is a European Union Regulation on conflict of law issues in family law between. The BIS’s mission is to serve central banks in their pursuit of monetary and . at the 2nd Annual Conference of the Nordic central banks “Cyber in Finance”.

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OJ L The first question that has to be answered is at what time a legal proceeding is regarded to be started officially. It is expected that this will rarely be used, as the bia regime for parental responsibility does not provide for alternative grounds of jurisdiction.

The results, where all people who gave their address, were able to join should be published in a few months.

Brecht’s European Civil Law (ECL) – Comment Brussels II Regulation

This is a rule which enshrines national law jurisdiction, thereby derogating from the rules laid down in the first part of the Regulation. Moreover, according to Article 17 BR IIwhere a court of one Member State is seised of a case over which it has no jurisdiction under vis regulation and a court of another Member State has jurisdiction pursuant to that regulation, it is to declare of its own motion that it has no jurisdiction.

Jurisdiction is generally conferred to the courts connected to the child’s habitual residence.

In particular, certain Member States have no provision for annulment of marriage or for judicial separation. Banking services The BIS offers a wide range of financial services to central banks and other official monetary authorities. The measures will, of course, cease to apply once the court having jurisdiction gives a judgment on the basis of one of the grounds of jurisdiction set brusle in the Regulation and that judgment is recognised or enforced under the Regulation.

Brussels II

However, a court of a Member State in which a child is present cannot provisionally grant custody of the child to one parent if a court of another Member State, which has jurisdiction as to the substance of the case, has already given custody to the other parent. Recognition can be refused if, for example:. These are the responsibility of individual EU countries. Paragraph 1 contains the traditional lis pendens rule, that is to say the prior temporis rule applicable to all proceedings covered by the [Regulation], provided the subject-matter and cause of action are the same between the same parties.

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Article 16 of the Brussels II Regulation. Where the jurisdiction of the court first seised is established, the court second seised shall decline jurisdiction in favour of that court. An Exploratory Study Article 19 Lis pendens and dependent actions – 1.

Any serious and systematic violations of these conditions, or other findings of fraud or irregularity, may lead to the adoption of measures by the Union following the relevant procedures in Articl e 2 3 bis o f t he Interim Agreement. Where a respondent habitually resident in a State other than the Member State where the action was brought does not enter an appearance, the court with jurisdiction shall stay the proceedings so long as it is not shown that the respondent has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable him to arrange for his defence, or that all necessary steps have been taken to this end.

Top Share this page. The rule laid down in Article 20, paragraph 1, BR II is confined to establishing territorial effects in the State in which the measures are adopted.

Opening remarks – “The uncertain future of global economic integration” Conference. This also applies to urgent situations relating to parental responsibility, in which the courts of the Member State where the child is present or his assets are located should be able to take the necessary measures to protect the child’s person or property.

That is to say brsel the [Regulation] will not prevent an Austrian judgment on annulment from being the object, in Sweden, of a subsequent court judgment to the effect that the annulment will have the effect of a divorce ruling in Sweden. The brsel adopted is simpler than in other Conventions but the essential elements are covered:.

Effects of Airbnb in the Icelandic brksel market. Article 61 c and Article 67 1 TEC.

EUR-Lex – R – EN – EUR-Lex

Summaries of EU Legislation. The notion is more restricted in some States France, Spain, Italy and Portugal requiring the same subject-matter, the same cause of action and the same parties, and broader in others which require only the same cause of action and the same parties.


This ensures that the same procedure will be followed in the entire European Union.

The provisions of Article 19, paragraph 2, BR II are not applicable where a court of a Member State first seised for the purpose of obtaining measures in matters of parental responsibility is seised only for the purpose of its granting provisional measures within the meaning of Article 20 of that Regulation and where a court of another Member State which has jurisdiction as to the substance of the matter within the meaning of the same regulation is seised second of an his directed at obtaining the same measures, whether on a provisional basis or as final measures.

If the conditions for ij application of the exemptions laid down in Articles 39 an d 3 9 bis o f t he VAT Code are not fulfilled, the supply of the goods becomes taxable in Belgium and the debt is incurred as a result of the mere existence of the transaction 8.

The court second seised has to stay its proceedings and wait for the other court to decide whether it has jurisdiction.

EUR-Lex Access to European Union law

Skip brussel main content. Within the limits of their respective competences, the Parties agree that for bruse, purpose of this Agreement, intellectual, industrial and commercial property includes in particular copyright, including the copyright in computer programs, and neighbouring rights, the rights relating to patents, industrial designs, geographical indications, including appellations of origin, trademarks and service marks, topographies of integrated circuits as well as protection against unfair competition as referred to in Artic le 1 0 bis o f t he Paris Convention for the protection of Industrial Property and protection of undisclosed information on know-how.

The Brussels II Regulation Article 20 BR II enables a court to take provisional, including protective, measures in accordance with its national law in respect of a child situated on its territory even if a court of another Member State has jurisdiction as to bruse substance of the application.