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Cross-border Litigation in Europe: the Brussels I Recast Regulation as a Panacea?

Autori Ferrari Franco, Ragno Francesca
— CEDAM — Anno 2016

Il volume raccoglie una serie di saggi sul Regolamento (UE) n. 1215/2012 sulla competenza giurisdizionale, il riconoscimento e l’esecuzione delle decisioni in materia civile e commerciale (c.d. 'Bruxelles I bis').
L'opera, in lingua inglese, raccoglie le riflessioni di studiosi italiani e stranieri sugli aspetti innovativi e problematici del nuovo Regolamento e sulla sua interazione con altri strumenti in vigore nell'Unione europea.

The Brussels I Regime, as set forth in the EC Regulation No 44/2001 (the “Brussels I Regulation”), which goes back to the Brussels Convention, is widely considered to be the foundation stone of a “European Law of Procedure” and to have enhanced cross-border litigation in Europe through an efficient system of judicial cooperation based on comprehensive jurisdiction rules, coordination of parallel proceedings, and circulation of judgments. In spite of its overall success, the system has been viewed as in need of modernization and has undergone a revision process, which led to the adoption of the EU Regulation No 1215/2012 (the “Brussels I Recast Regulation”), which became applicable on 10 January 2015.
In this book, various authors examine in detail the most important changes introduced by this instrument, focus on the issues still open and address the problems arising out of the coexistence of the new Regulation with other instruments in force in Europe. Not unlike the previous book on the Brussels I Recast Proposal published in this series, this volume aims at contributing to what has been an exciting discussion in the past and is likely to be so for years to come.

PIANO DELL'OPERA

Sergio M. CARBONE – Chiara E. TUO
Non-EU States and the Brussels I Recast Regulation: New Rules and Some Solutions for Old Problems

Martin GEBAUER
A New Head of Jurisdiction in relation to the Recovery of Cultural Objects

Ruggero CAFARI PANICO
Enhancing Protection for the Weaker Parties: Jurisdiction over Individual Contracts of Employment

Giesela RÜHL
The Consumer’s Jurisdictional Privilege: on (Missing) Legislative and (Misguided) Judicial Action

Peter MANKOWSKI
The Role of Party Autonomy in the Allocation of Jurisdiction in Contractual Matters

Francesca C. VILLATA
Choice-of-Courts Agreements and “Third Parties” in light of Refcomp and beyond

Peter Arnt NIELSEN
The End of Torpedo Actions?

Francisco GARCIMARTÍN
The Cross-Border Effectiveness of Inaudita Parte Measures in the Brussels I Recast Regulation: an Appraisal

Thomas PFEIFFER
The Abolition of Exequatur and the Free Circulation of Judgments

Luigi FUMAGALLI
Refusal of Recognition and Enforcement of Decisions under the Brussels I Recast Regulation: where the Free Circulation meets its Limits

Francesca RAGNO
The Brussels I Recast Regulation and the Hague Convention: Convergences and Divergences in relation to the Enforcement of Choice-of-Courts Agreements

Fabrizio MARONGIU BUONAIUTI
The Brussels I Recast Regulation and the Unified Patent Court Agreement: towards an Enhanced Patent Litigation System?

 
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