
Contents
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§ 1. Parties § 1. Parties
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§ 1.1 Brussels 2000 and 2012 § 1.1 Brussels 2000 and 2012
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§ 1.1.1 Ireland and the United Kingdom § 1.1.1 Ireland and the United Kingdom
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§ 1.1.2 Denmark § 1.1.2 Denmark
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§ 1.2 Lugano § 1.2 Lugano
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§ 1.2.1 Present Parties § 1.2.1 Present Parties
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§ 1.2.2 Future Parties § 1.2.2 Future Parties
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§ 1.3 Hague § 1.3 Hague
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§ 1.3.1 States § 1.3.1 States
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§ 1.3.2 The European Union § 1.3.2 The European Union
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§ 1.3.3 Ireland, the United Kingdom, and Denmark § 1.3.3 Ireland, the United Kingdom, and Denmark
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§ 1.3.4 European Community and European Union § 1.3.4 European Community and European Union
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§ 1.3.5 Treaty-making powers of the European Union § 1.3.5 Treaty-making powers of the European Union
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§ 2. Territories with a Special Status § 2. Territories with a Special Status
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§ 2.1 Brussels 2000 and 2012 § 2.1 Brussels 2000 and 2012
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§ 2.2 The Brussels Convention § 2.2 The Brussels Convention
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§ 2.2.1 The Brussels Convention 1978 § 2.2.1 The Brussels Convention 1978
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§ 2.2.2 The Lugano Convention 1988 § 2.2.2 The Lugano Convention 1988
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§ 2.2.3 The Brussels Convention 1989 § 2.2.3 The Brussels Convention 1989
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§ 2.2.4 The Brussels Regulation § 2.2.4 The Brussels Regulation
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§ 2.3 The Lugano Convention 2007 § 2.3 The Lugano Convention 2007
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§ 2.4 The Hague Convention § 2.4 The Hague Convention
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§ 2.5 Conclusions § 2.5 Conclusions
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§ 3. Federal Problems § 3. Federal Problems
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§ 3.1 Brussels 2000 and 2012 § 3.1 Brussels 2000 and 2012
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§ 3.2 Lugano § 3.2 Lugano
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§ 3.3 Hague § 3.3 Hague
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§ 4. Conclusions § 4. Conclusions
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Cite
Extract
Parties
The first question is the States (and other entities) to which the instruments apply.1
The position regarding territories with a special status (dependencies and overseas territories) will be discussed in § 2.
Brussels 2000 and 2012
As a Union act, the Regulation (2000 and 2012) applies in principle to all the Member States. However, special consideration must be given to Ireland, the United Kingdom, and Denmark.
Ireland and the United Kingdom
The Brussels Regulation 2000 was adopted under what was then Article 61(c) of the Treaty Establishing the European Community (TEC), which referred to Article 65 TEC. These provisions were in Title IV of Part Three of the TEC. As Article 69 TEC made clear, all the provisions of Title IV were subject to certain protocols to the Treaties (the Treaty on European Union and the Treaty Establishing the European Community).
Under the Protocol on the Position of the United Kingdom and Ireland, it was provided that measures under Title IV of Part Three of the Treaty would not apply to the United Kingdom and Ireland unless those States specifically opted to be bound by the measure.2 When the Brussels Regulation 2000 was adopted, the United Kingdom and Ireland opted in;3 they were, therefore, bound by it.
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