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Scope of application, definitions and the general rule

In: The Brussels I-bis Regulation

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Abstract

The chapter entitled ‘Scope of application, definitions and the general rule’ deals with a wide range of topics. Following a brief historical overview, there is an in-depth analysis of the substantive, personal and temporal scope of application perceived primarily from the relevant CJEU case law. There is an in-depth analysis of the notion of ‘civil and commercial matters’ as defined in Article 1(1), followed by the extensive analysis of excluded matters. Within this context, the CJEU guidance is critically assessed and the recommendations for the improvements are put forward. The same approach is applied with respect to the definitions and the general rule on jurisdiction. In particular, it points to the matters with respect to which a legislative intervention is necessary.

Suggested Citation

  • ., 2023. "Scope of application, definitions and the general rule," Chapters, in: The Brussels I-bis Regulation, chapter 1, pages 1-75, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:19923_1
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    File URL: https://www.elgaronline.com/doi/10.4337/9781800370159.00010
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    Law - Academic; Law - Professional;

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