2014

Gheorghe-Liviu ZIDARU, Assistant Lecturer, Faculty of Law, University of Bucharest, International Jurisdiction derived from Appearance of the Defendant according to the Brussels I Regulation
Under Art. 24 of the Brussels I Regulation – which applies if the case presents an international element and at least one of the parties domiciles in an EU Member State – the court which has been invested by breaching the competence rules of the Regulation (insofar as they are not exclusive) shall nevertheless be competent, if the defendant appears without contesting the jurisdiction of the court. Having regard to this rule, adopted also by the Romanian legislator in Art. 1066 of the New Code of Civil Procedure, the court has to verify the international competence on its own motion only if exclusive jurisdiction applies or if the defendant doesn’t appear.

According to the new Brussels I bis Regulation (no. 1215/2012), which shall apply from the 10th of January, 2015, the court shall, before assuming jurisdiction under the described rule, ensure that the defendant is informed of his right to contest the jurisdiction of the court and of the consequences of  apearing or not appearing, if the defendant is the weaker party to insurance, labour or consumer contracts who is sued under breach of the special rules of competence which aim at his protection.

Key-words: jurisdiction, entering an appearance, Art. 24 of the Brussels I Regulation, Art. 26 of the Brussels I bis Regulation

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