Brussels I Regulation and EU Court Jurisdiction

What is Jurisdiction in EU Law?

Jurisdiction is a set of rules that provides which court is going to deal with a certain case. We have a separate set of rules under the sovereign legal order of every state, and then we have a unified set of rules presented under the EU law framework. The Brussels I Regulation is the cornerstone of European jurisdiction regulation.

When dealing with jurisdiction, we are dealing with who is going to make decisions—specifically, which court of a particular Member State will hear and observe that particular legal case with a foreign element.

The Importance of Determining Jurisdiction

Why is jurisdiction important? Because if you file a case or apply for a case to be heard under a certain court, and that court has no jurisdiction, what happens to the case? The court is not obliged to proceed with that particular case and may delegate it to a different court in another country. Jurisdiction regarding the parties is important to make the process transparent and efficient; if the court issues a judgment, it must be recognized in other foreign countries, which is not possible if the court has no jurisdiction.

Hierarchy of Legal Orders and EU Law

As a judicial authority, when you examine a case, you need to take into account the relationship between sovereign legal orders and the EU legal order, as well as various bilateral treaties. First, determine jurisdiction; second, find the applicable law.

Under the EU, we have a set of regulations that establishes jurisdiction, similar to sovereign legal orders. We need to take into account bilateral treaties, EU jurisdiction, and sovereign jurisdiction when deciding what law to apply to determine jurisdiction. Regarding the relationship between our sovereign legal order, the EU legal order, and bilateral treaties: EU provisions prevail.

• EU law prevails in this case; it is the first thing you need to take into account under Article 288 TFEU. The provisions are directly applicable: "A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States."
• Many of the provisions in national regulations overlap with EU regulations.

Brussels I Regulation and Article 288 TFEU

According to Article 288 of the TFEU, this Regulation:

• Has "general application"
• Is "binding in its entirety"
• Is "directly applicable in all Member States"

This determines that:

• a) The application of the Brussels I Regulation (RBI) does not depend on any mechanism of internal reception and does not allow any derogation;
• b) Its use occurs without the need for any application from the parties.

Objectives of the Brussels I Regulation

1. The establishment of international jurisdiction of the European courts;
2. The internal reception of judgments from other states of the Union;
3. The enforcement of such decisions;
4. Given its broad scope, it has central relevance in the European Union civil and commercial legal framework. uí!