Coming soon: Brussels II-ter applies from 1 August 2022

After 3 years from its entry into force, Regulation (EU) 2019/1111 will be applicable from 1 August 2022. The relationship with its predecessor, Regulation (EC) No 2201/2003, is set out in Art 100 Brussels II-ter. On the one hand, the new Regulation shall apply only to legal proceedings instituted, to authentic instruments formally drawn up or registered and to agreements registered on or after 1 August 2022. On the other hand, Regulation No 2201/2003 shall continue to apply to decisions given in legal proceedings instituted, to authentic instruments formally drawn up or registered and to agreements which have become enforceable in the Member State where they were concluded before 1 August 2022 and which fall within the scope of that Regulation.

Art 104(1) of the new Regulation repeals the former. However, the continuity between them is ensured by Art 104(2), as it provides that references to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex X.

On the two Regulations, the readers of RDIPP may refer to:

Cristina Campiglio, 2021, No 3, 497 ff.;
Costanza Honorati, 2019, No 4, 691 ff.;
Francesco Pesce, 2019, No 4, 777 ff.;
Laura Carpaneto, 2018, No 4, 944 ff.;
Costanza Honorati, 2017, No 2, 247 ff.;
Ilaria Viarengo, 2016, No 3, 701 ff.;
Olivia Lopes Pegna, 2013, No 2, 357 ff.;
Sara Tonolo, 2011, No 1, 81 ff.;
Giulio Peroni, 2009, No 1, 85 ff.;
Francesco Salerno, 2007, No 1, 63 ff.;
Federica Moro, 2007, No 3, 675 ff.

Moreover, see, in our Book Series:

Stefania Bariatti, Carola Ricci (eds.), Book No 70;
Stefania Bariatti, Ilaria Viarengo, Francesca C. Villata (eds.), Book No 81;
Carola Ricci, Book No 84;
Lenka Válková, Book No 87.

The time has come for a summer break: new posts will be published in September.

The RDIPP Team wishes all readers a pleasant summer.