European Union Regulations concerning the breach and cancellation of contracts
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European Union Regulations concerning the breach and cancellation of contracts Danie`le Alexandre1
China-EU School of Law 2016
Abstract This article intends to analyze in European Private International Law how Regulation (EU) n 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), very often called Brussels I bis Regulation, determines which Court of a Member State of the European Union may have jurisdiction for the resolution of disputes concerning a breach or cancellation of a contract. But it also describes afterwards how Regulation (EC) n 593/2008 on the law applicable to contractual obligations, called Rome I Regulation, decides on the law applicable to such disputes. Keywords Heads of jurisdiction according to Brussels I bis Regulation Order of examination Limited extension to defendants not domiciled in a Member State Applicable law according to Rome I Regulation Universal application In European Private International Law, when you fear a breach or cancellation of a contract that has links with at least two Member States of the European Union or with a Member State of the European Union and a third State, or if you are already concerned by such a breach or cancellation and you would like to know which Court of a Member State has jurisdiction for the resolution of the dispute, you have to refer at present (since 10 January 2015) essentially to Regulation (EU) n 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction This article is based on a presentation given at the 3rd China-EU Legal Forum (CELF) which took place at the Supreme Court of Cassation in Rome on 8./9.9.2015. The 3rd CELF was co-organised by the China Law Society, the Bar Association of Rome, the International Institute for the Unification of Private Law (UNIDROIT), the China-EU School of Law at the China University of Political Science and Law and the College of Comparative Law at the China University of Political Science and Law. & Danie`le Alexandre [email protected] 1
Emeritus Professor, University of Strasbourg, Strasbourg, France
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D. Alexandre
and the recognition and enforcement of judgments in civil and commercial matters (recast), very often called the Brussels I bis Regulation.1 However, for the determination of the law applicable to the breach or cancellation of a contract when the question arises in a Member State of the European Union, it is essentially Regulation (EC) n 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations, called the Rome I Regulation, that will have to be applied.2 So, this article will be subdivided in two parts: I. Heads of jurisdiction according to the Brussels I bis Regulation; II. Applicable law according to the Rome I Regulation.
I. Heads of jurisdiction according to the Brussels I bis Regulation Before presenting the different heads of jurisdiction (B), I will make some introductory remarks (A) to facilitate the under
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