Amendment of the Brussels I Regulation

On 12 December 2012, the Brussels I Recast Regulation was adopted. It will enter into application on 10 January 2015. Since then, an agreement has also been reached on the Patent Package, consisting of two regulations and the Unified Patent Court (UPC) Agreement, which together will create a system of unitary patent protection in the European Union. Article 89(1) of the UPC Agreement provides that the agreement cannot enter into force prior to the entry into force of amendments to the Brussels I Regulation. In addition to the UPC-related amendments, the situation of the Benelux Court of Justice must also be addressed, as it is the only other court common to several Member States.

In particular, this regulation is to clarify that the Unified Patent Court and the Benelux Court of Justice are to be treated as ‘courts of Member States’ within the meaning of the Brussels I Regulation. Rules on jurisdiction (concerning both defendants domiciled in Member States and third State defendants), recognition and enforcement must be laid down for the Unified Patent Court and the Benelux Court of Justice. Specific rules on lis pendens and related actions are also required.

Documents:

-26.7.2013: COM(2013) 554 final:
PROPOSAL for a Regulation of the European Parliament and of the Councilamending Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

-13.12.2013: DRAFT REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (COM(2013)0554 – C7-0239/2013 – 2013/0268(COD))
Committee on Legal Affairs
Rapporteur: Tadeusz Zwiefka

-27.01.2014: Final report - as voted in committee:
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (COM(2013)0554 – C7-0239/2013 – 2013/0268(COD))
Committee on Legal Affairs
Rapporteur: Tadeusz Zwiefka

Más información sobre el proceso de codecisión 2013/0268(COD) [aquí]

Agradezco la información y las referencias a mi compañero Manuel Desantes (Universidad de Alicante).