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The Brussels Regime is a set of rules regulating which courts have jurisdiction in legal disputes of a civil or commercial nature between individuals resident in different member states of the European Union (EU) and the European Free Trade Association (EFTA). It has detailed rules assigning jurisdiction for the dispute to be heard and governs the recognition and enforcement of foreign judgements. ==Instruments== Recognition and enforcement of judgements in civil and commercial cases was originally accomplished within the European Communities by the 1968 Brussels convention: a treaty signed by the then six members of the Communities. This treaty was amended on several occasions and has now been almost completely superseded by a regulation adopted in 2001, the Brussels I regulation. Today the convention only applies between the 15 pre-2004 members of the European Union and certain territories of EU member states which are outside the Union: these being Aruba, the French overseas territories and Mayotte.〔Advisory opinion of the ECJ on the competence of the Community to conclude the new Lugano Convention ((Opinion 1/03 ), para. 15.)〕 It is intended that the Brussels Convention will be replaced by the new Lugano Convention, the latter being open to ratification by EU member states acting on behalf of non-European territories which belong to that member state. In 1988, the then 12 member states of the European Communities signed a treaty, the Lugano Convention with the then six members of the European Free Trade Association: Austria, Finland, Iceland, Norway, Sweden and Switzerland. The Lugano Convention served to extend the recognition regime to EFTA member state who are not eligible to sign the Brussels Convention. Other than the original signatories–three of which left EFTA to join the EU in 1995–only Poland has subsequently acceded to the Lugano Convention. Liechtenstein, the only state to accede to the EFTA after 1988 has neither signed the 1988 Convention nor it successor the 2007 Lugano Convention. The Brussels I Regulation of 2001 was the primary piece of legislation in the Brussels framework from 2002 until January 2015. It substantially replaced the 1968 Brussels Convention, and applied to all EU member states excluding Denmark, which has a full opt-out from implementing regulations under the area of freedom, security and justice. It came into effect on 1 March 2002.〔European Commission web site, (''Judicial Cooperation in Civil Matters - Acquis JHA 2003 (Justice and Home Affairs)''. Consolidated version. ) Retrieved on 28 August 2006.〕 In 2005, Denmark signed an international agreement with the European Community to apply the provisions of the 2001 Regulation between the EU and Denmark. The 2005 agreement applies a modified form of the 2001 Regulation between Denmark and the rest of the EU. It also provides a procedure by which amendments to the regulation are to be implemented by Denmark. It applies the 2001 regulation to Denmark and other EU members from 1 July 2007.〔Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ((OJ L 299, 16.11.2005, p. 62 )).〕 Should Denmark decide not to implement any change to the Regulation or its successor, then the Agreement ends automatically. In 2007, the European Community signed a treaty with Iceland, Switzerland, Norway and Denmark,〔Denmark signed separately as a result of its opt-out from the judicial cooperation provisions of the EU treaties.〕 the new Lugano Convention. This treaty was intended to replace both the old Lugano Convention of 1988 and the Brussels Convention and as such was open to signature to both EFTA member states and to EU member state on behalf of their extra-EU territories. While the former purpose was achieved in 2010 with the ratification of all EFTA member states (bar Liechtenstein which never signed the 1988 Convention), no EU member has yet acceded to the convention on behalf of its extra-EU territories. The 2007 Convention is substantially the same as the 2001 regulation: the main difference being that the word "Regulation" is replaced with the word "Convention" throughout the text and that the 2007 convention is not adapted to the recast of the Brussels regulation. It is also open to accession by other EFTA states as well as EU states acting on behalf of territories which are not part of the EU (e.g. the Isle of Man in the case of the UK). Other states may join subject to approval of the present parties to the treaty. No accessions have take place so far,〔europa.eu (Strengthening cooperation with Switzerland, Norway and Iceland: the Lugano Convention ) 2007.〕〔European Treaties Office Database, (''Lugano Convention Summary''. ) Retrieved on 5 December 2012〕 but the Kingdom of the Netherlands planned to present to parliament an approval act for accession on behalf of Aruba, Caribbean Netherlands, Curaçao and possibly Sint Maarten in 2014. In 2012, the EU institutions adopted a recast Brussels I Regulation which replaced the 2001 regulation in January 2015.〔See the second paragraph of Article 81 Regulation (EU) no. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (OJ L 351, 20.12.2012, p. 1 )〕 The recast regulation now also applies to jurisdiction regarding non EU residents, it abolishes formalities for recognition of judgements and simplifies the procedure for a court chosen by the parties to commence proceedings (even if proceedings have started in another member state already). In December 2012 Denmark notified the Commission of its decision to implement the contents of 2012 regulation.〔Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ((OJ L 79, 21.3.2013, p. 4 )).〕 The Lugano Convention Standing committee considered amending the Lugano convention in accordance with the recast, but "made no recommendation on the possible amendment of the Lugano Convention and did not decide on any further steps."〔(【引用サイトリンク】title=Lugano Convention 2007 )〕 In 2014, the EU amended the Brussels I Regulation to clarify provisions regarding two courts which are "common to several member states": the Unified Patent Court and the Benelux Court of Justice jurisdiction. Denmark again notified the EU that it would apply the amendments. The Lugano convention Standing Committee considered amending the Lugano convention with respect to the unitary patent and Unified patent court, but decided to "wait for the results of further study".〔 All five legal instruments are broadly similar in content and application, with differences in their territory of application. They establish a general rule that individuals are to be sued in their state of domicile and then proceed to provide a list of exceptions. The instruments further provide for the recognition of judgements made in other countries. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Brussels Regime」の詳細全文を読む スポンサード リンク
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