No /, (the Brussels II bis Regulation) to determine the jurisdiction. soudní příslušnosti dle nařízení Brusel II bis ve světle nejnovější judikatury. Brussels II Regulation (EC) No /, also called Brussels IIA or II bis is a European Union Regulation on conflict of law issues in family law between. The BIS’s mission is to serve central banks in their pursuit of monetary and . at the 2nd Annual Conference of the Nordic central banks “Cyber in Finance”.
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The principl e n e bis i n i dem, enshrined in Article 54 of the Convention implementing the Schengen Agreement of 14 June between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, signed on 19 June at Schengen, does not fall to be applied to a decision of the judicial authorities of one Member State declaring a case to be closed, after the Public Prosecutor has decided not to pursue the prosecution on the sole ground that criminal proceedings have been started in another Member State against the same defendant and for the same acts, without any determination whatsoever as to the merits of the bos.
Use dmy dates from December Reforming the brhsel monetary brksel financial system and preserving monetary and financial stability in financially integrated small and biz economies. The difference in rules between the Member States also affects the very notion of lis pendens.
Statistics BIS statistics on the international financial system shed light on issues related to global financial stability.
Opening remarks – “The uncertain future of global economic integration” Conference. Where proceedings relating to divorce, legal separation or brusell annulment between the same parties are brought before courts of different Member States, the court second seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.
It does not match my search. Thank you very much for your vote! The traditional lis pendens arrangement did not solve all the problems and there was therefore a need to find a new wording which would achieve the objective desired.
Where proceedings relating to parental responsibility relating to the same child and involving the same cause of action are brought before courts of different Member States, the court second seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.
About BIS The BIS’s mission is to serve central banks in their pursuit of monetary and financial stability, to foster international cooperation in those areas and to act as a bank for central banks. Private international law of the European Union. The notion is more restricted in some States, requiring the same subject-matter, the same cause of action and the same parties, and broader in others, which require only the same cause of action and the same parties.
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Please click on the reason for your vote: Section 3 Chapter II Common provisions for determining jurisdiction. If the first court considers itself competent, the other court must decline jurisdiction. You helped to increase the quality of our service.
This also applies to urgent situations relating to parental responsibility, in which the courts of the Member State where the child is present or his assets are located should be able to take the necessary measures to protect the child’s person or property.
European Union law Portal: Brussels I civil and commercial Brussels II family law. But a court shall also be deemed to be seised if the document has to be served before being lodged with the court, at the time when it is received by the authority responsible for service, provided that the applicant has not subsequently failed to take the steps he was required to take to have the document lodged with the court.
Where a court of a Member State is seised of a case over which it has no jurisdiction under the Brussels II Regulation and over which a court of another Member State has jurisdiction by virtue of this Regulation, it shall declare of its own motion that it has no jurisdiction Article 17 BR II.
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In urgent cases, the provisions of this Regulation shall not prevent the courts of a Member State from taking such provisional, including protective, measures in respect of persons or assets in that State as may be available under the law of that Member State, even if, under this Regulation, the court of another Member State has jurisdiction as to the substance of the matter.
Moreover, this Article applies only to urgent cases. The Regulation applies to civil law cases involving more than one country that relate to:. It is also necessary to establish a similar rule for examining admissibility, involving staying the proceedings so long as it is not shown that the respondent has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable him to arrange for his defence, or that all necessary steps have been taken to this end.
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The Regulation says nothing about the type of measures or about their connection with the matrimonial proceedings. Expand all Collapse all. However, a court of a Member State in which a child is present cannot provisionally grant custody of the child to one parent if a court of another Member State, which has jurisdiction as to the substance of the case, has already given custody to biss other parent. The Brussels II Regulation The intention is that the court can satisfy itself that international jurisdiction is well founded and so avoid possible causes of refusal of recognition wherever possible.