Regulation Brussels I and other procedural legislation of European private international law Diploma thesis is particularly focused on rules regulating jurisdiction according Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, so called Brussels I Regulation. The Brussels I Regulation represents a cornerstone of European judicial cooperation in civil and commercial matters. The main aim of my thesis is to provide comprehensive interpretation of jurisdictional rules in accordance with this regulation. The thesis is systematically divided into nine chapters. The purpose of Chapter One is to introduce a complex issue of European Private International Civil Procedure Law by way of defining the essential terms, subsuming it under the broader framework of private international law and also by describing historical development of this area. Next chapters are entirely concentrated on the Brussels I Regulation. Chapter Two addresses general aspects of this regulation. Those are development and subject matter of the regulation and interpretation of basic terms such as jurisdiction and domicile. Chapter Three deals with scope of application, the understanding of which is fundamental for a correct application. Five subsequent...

European Private International Law - Domicile and Brussels I Regulation Abstract It is undisputable, that the Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, the so-called Brussels I Regulation, constitutes the cornerstone of the European Private International Law. The term domicile, employed as the most important connecting factor for the determination of jurisdiction under the Brussels I Regulation, is the key word thereof. Domicile as such is a very interesting, although complicated, legal concept. This holds true even in the case of domicile for the purposes of Brussels I Regulation. At the European level, the tradition of domicile, being the connecting factor in most cases of the determination of jurisdiction, was established by the Brussels Convention. Nevertheless, it did not provide for a uniform definition. Instead, it referred to the national laws of the then contracting states. By adopting, with an exception, a uniform definition of a legal person's domicile, the Brussels I Regulation has partially deviated from this practice. However, as regards the natural person's domicile, the reference to the national laws of the European Union Member States was upheld. As the understanding of this concept differs from...

The purpose of this thesis is to analyze the extent of how have recent decisions of ECJ in cases Gasser, Turner and Owusu compromised the efficiency of jurisdiction agreements under Brussels I. Regulation. The main and most important aim of European Union, as a political and economic union, is facilitation of trade among Member States. Commercial transactions, especially in international framework are heavily regulated by contracts, wherein parties tend to regulate all potential issues in order to prevent applications of national laws. Therefore in international trade, the importance of party autonomy is even more significant than, in any other branch of contractual relations. One specific expression of party autonomy is incorporation of jurisdiction agreements into contracts, whereby parties determine which national court will have jurisdiction in the case of potential dispute. These so-called prorogation agreements are at the European level, regulated by Brussels I Regulation. However the ECJ has in several recent cases prioritized other principles, such as mutual trust and avoidance of irreconcilable judgements to the prejudice of party autonomy, which has together with very literal approach in construction lead to uncertainty in efficiency of application of jurisdiction agreements. This thesis...

Univerzita Karlova v Praze Právnická fakulta Tereza Přecechtělová NAŘÍZENÍ BRUSEL I A JINÉ PROCESNÍ PŘEDPISY EVROPSKÉHO MEZINÁRODNÍHO PRÁVA SOUKROMÉHO (se zaměřením na pojem uznání) Diplomová práce Vedoucí diplomové práce: JUDr. Bc. Jan Brodec, LL.M., Ph.D. Katedra obchodního práva Datum vypracování práce: 10. června 2014 Abstract The Diploma thesis "Regulation Brussels I and other procedural legislation of European private international law (with regards to the concept of recognition)" focuses on the analysis of the so-called "fifth freedom" - the free circulation of judgments within the EU. The aim of the thesis is to analyze the procedural legislation of European private international law concerning their approach to the concept of recognition using the descriptive-analytical method. The thesis is mainly focused on the newly adopted Regulation of European Parliament and of the Council (EU) No 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (herein also referred to as the Brussels I bis Regulation) and to the Council Regulation (EC) No 1346/2000 of 29 May 2000 on Insolvency Proceedings (herein also referred to as the Regulation on Insolvency Proceedings). In detail, for both deals with analysis of application of the principle...

Topic of this diploma thesis is "Brussels I Regulation and other procedural laws of European private international law". The thesis focuses on the analysis of the problems that its name suggests. The procedural rules of private international law underwent during the past fifteen years relatively significant changes. Due to the application of the principles of free movement of persons, capital, goods and services, it results necessary to develop effective instruments for performing the law accross the member states borders. It occurs in procedural area primarily through the adoption of instruments of the European secondary legislation, particularly through regulation. The most important and most widely used procedural rules of European private international law was until recently Regulation (EC) no. 44/2001 of the 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, which was since the 10th of January 2015 replaced by the regulation of the European Parliament and Council Regulation (EU) no. 1215/2012 of the 12th December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. The subject of this paper is to examine the procedural rules of European private international law with a particular...

This thesis deals with issues raised by the emergence of the Internet and e-commerce for the private international law. Using the Internet to conduct business brings up new situations that must be reflected and dealt with by law. It is to be solved whether just accommodation of current rules will be enough or new regulation will have to be adopted. At first the thesis describes specific characteristics of the Internet, such as low costs of addressing users regardless of their geographic location or possibility of performing contracts in digitalized form and legal consequences of these characteristics. The following chapter deals with principles from which stems the difference in between jurisdictional rules in common law and civil law states. It examines jurisdictional rules stated in Brussels I Regulation in relation to e-commerce, especially consumer contracts. These firm rules are aimed to secure predictability of forum and in times of the Internet they have to overcome some difficulties through autonomous definitions of European Court of Justice. The next chapter describes the approach of US courts to Internet related disputes. Since they have wide discretion they are able to react much more flexibly to technological developments. Their decisions therefore may be an inspiration for the...

The purpose of this thesis is to analyse in detail the issue of consumer protection within the Brussels I bis regulation, establishment of the international court jurisdiction and the question of recognition and enforcement of a judgement. The thesis concentrates especially on a different position of consumer and measures that amend his situation. The thesis is composed of 9 chapters that are further divided into subchapters and points. Chapter One is an introductory chapter focusing on a consumer and defining reasons for his protection. Chapter Two explains the topic of international private law and european international private law, including the European judicial area. Chapter Three describes the development of legislation in the area of judicial cooperation in civil matters since the Brussels convention up to the Brussels I bis regulation and mentions respective changes. The chapter also focuses on different status of certain countries within the European judicial cooperation. Chapter Four examines the subject of regulation of Brussels I bis, lists the types of jurisdictions and looks at its specifics. It also investigates the applicability of regulation from the temporal, material, territorial and personal scopes of application. Chapter Five concerns several institutes. It defines the term...

The scope of this thesis is regulation (EC)No. 44/2001 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters. The provisions of Regulation is aiming the improvement and simplification of the recognition and enforcement of foreign judgements within the territory of the EU. According to the title of regulation this tesis is diveded in several parts explaining the key elements of developing the other maxime of the EU-free movement of judgements. First part includes the general fundamentals for determination of jurisdiction in cases with transborder element which is essential for aplication of this regulation as a part of legislation on international private law. Thanks to the nearly identical wording of Brussels I Regulation and Convention dealing with the same matter from the year 1968, all legal opinions of European Court of Justice related to that Convention can be invoked nowdays. Second part and third part turn to recognition and enforcement of foreign judgements in order to ensure the situation when "the declaration that a judgement is enforceable should be issued virtually automatically after purely formal checks of the documents supplied, without there being any possibility for the court to raise of its own motion on any of the ground for non-enforcement provided by this Regulation". The last part contents future trend in this sphere which can be seen from application of other regulation (European enforcement order, European order for payment procedure)giving rise to rapid and simple mechanism in specific cases. Especially it treats of cancellation special exequator proceeding which should be undertaken to achieve that foreign judgement would be enforceable.

The objective of this diploma thesis is to evaluate the contributions of Czech Centres with a focus on promotion of export activities and to suggest possible strategies for the improvement. More detailed analysis is specialized on Czech Centre in Brussels. At first, the theoretical basis of Czech Centres is defined together with their administrative and organizational structure, funding and target groups. Then, the activities of Czech Centres are analysed with a focus on promotion of export activities. That analysis includes detailed focus on the contribution of website www.export.cz - its existence was initiated by Czech Centre. Further activities of Czech Centres are evaluated through SWOT analysis and the Strategy for 2012 - 2015. In conclusion, the thesis focuses on the activities of Czech Centre in Brussels with the concentration on promotion of export activities together with the specific strategic proposals to improve its promotion of export policy.

1 Abstract: Regulation of international jurisdiction of courts in Brussels Ibis Regulation The master thesis deals with the regulation of international jurisdiction of courts regulated by Brussels Ibis Regulation. The main aim of the master thesis is to analyse the topic of prorogation, in particular the general definition of the prorogation agreement and the regulation of prorogation in the Brussels Ibis Regulation, including prorogation agreements concluded with weaker contracting party. The thesis is divided into 4 chapters, which are further divided into subchapters. The first chapter introduces the Brussels Ibis Regulation and defines its substantive, temporal, personal and territorial scope of application. The presence of an international element is also required for the application of Brussels Ibis Regulation. The thesis deals with the rules of general, alternative, special, exclusive, agreed international jurisdiction and of submission to international jurisdiction. It also describes the hierarchy of these rules. The second chapter focuses on the topic of prorogation, which is essential for the thesis. It clarifies the concept of the prorogation agreement, explains its importance and character. It deals with the effects of the prorogation agreement and divides prorogation agreements into exclusive...