Uporaba uredbe Bruselj I ratione temporis

slovenian

2014

volume 40, issue 3/4

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

The problem of the application ratione temporis of the Brussels I Regulation remains relevant even a decade after its adoption, foremost because of the subsequent accession to the EU of the new Member States. The transitional period and the need for the application of the special rule of Article 66 have thus been prolonged. The question of whether the Regulation is applicable ratione temporis is relevant in the context of international jurisdiction, but the answer might be much more difficult to ascertain concerning the recognition and enforcement of judgments. As was recently confirmed by the Court of the EU, the Regulation can be applied to the recognition and enforcement of a judgment from another Member State only if, at the moment when the judgment was issued, it was already in force in both the State of origin and the requested State. But even in this case, the application of the Regulation is only automatic if also the judicial proceedings were instituted after the entry into force of the Regulation in both States. If the proceedings were instituted 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 a bilateral convention in force between the "involved" Member States. In all other cases, national rules or an international convention between both States concerning the recognition and enforcement of judgments must be applied.

18.01.2017