THE APPLICATION “RATIONE TEMPORIS” OF THE BRUSSELS I REGULATION (RECAST)

Abstract

The recast Brussels I Regulation entered into force on 10 January 2015. The application ratione temporis of this Regulation is regulated in its Article 66, which provides that judgments issued in proceedings started before the mentioned date, are subjected to the rules of the original version of the Regulation, adopted in 2000. However, the latter entered into force at different
times in different Member States, depending on the date of their accession to the EU. As a consequence, in a dispute falling into the material scope of the Regulation, the judges must first determine, which act is temporally applicable, which can sometimes be difficult, especially concerning the recognition and enforcement of judgments. As was confirmed by the Court of Justice of the EU, the Regulation of 2000 can be applied to the recognition and enforcement of a judgment from another Member State only if, upon the issuance of the judgment, it was already in force in both the state of origin and the state of enforcement. But even in such case, the application of the Regulation is only automatic if also the judicial proceedings were started after the entry into force of the Regulation in both states. If the proceedings were started before that time, the Regulation can only be applied if the court of origin based its jurisdiction on the same rules as can be found in the Regulation or on an international convention in force between the Member States “involved”. In all other cases, national rules or an international convention concerning the recognition and enforcement of judgments must be applied. The article represents a thorough study of the different most common cases where the problem of the application ratione temporis of the Regulation arises or could arise. The article specifically addresses the application ratione temporis of the recast Brussels I Regulation and the relationship between the original and the recast version of the Regulation.