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Research Handbook on the Brussels Ibis Regulation
This timely Research Handbook addresses the cutting edges of the Brussels Ibis Regulation, in particular its place within the overall system of EU law and its adaptations in response to lawsuits or the needs of particular industries. Featuring original research by leading academics from across Europe, chapters take a systematic approach to examining a broad variety of topics in relation to this, analysing the most recent developments in legislation and practice and providing an outlook on the future of this field of EU law.
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Critical Acclaim
Contributors
Contents
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The Brussels Ibis Regulation is the magna carta for jurisdiction and the free circulation of judgments in civil and commercial matters in the EU, and forms a cornerstone of the internal market. This timely Research Handbook addresses the cutting edges of the regime, in particular its place within the overall system of EU law and its adaptations in response to specific kinds of lawsuits or the needs of particular industries.
Featuring original research by leading academics from across Europe, chapters take a systematic approach to examining a broad variety of topics in relation to the Brussels Ibis Regulation. Such topics include collective redress, injunctive relief, lis pendens and third states, negotiorum gestio, arbitration, intellectual property lawsuits, and its interface with the European Insolvency Regulation (Recast). Moving beyond what is offered by textbooks and commentaries, this incisive Research Handbook analyses the most recent developments in legislation and practice, as well as providing an outlook on the future of this field of EU law.
This Research Handbook will prove a critical read for scholars and students of EU law. Judges and practitioners working in this area will also find its insights to be of significant practical relevance.
Featuring original research by leading academics from across Europe, chapters take a systematic approach to examining a broad variety of topics in relation to the Brussels Ibis Regulation. Such topics include collective redress, injunctive relief, lis pendens and third states, negotiorum gestio, arbitration, intellectual property lawsuits, and its interface with the European Insolvency Regulation (Recast). Moving beyond what is offered by textbooks and commentaries, this incisive Research Handbook analyses the most recent developments in legislation and practice, as well as providing an outlook on the future of this field of EU law.
This Research Handbook will prove a critical read for scholars and students of EU law. Judges and practitioners working in this area will also find its insights to be of significant practical relevance.
Critical Acclaim
‘The authors have taken their scientific ambitions seriously and their essays are of high quality.’
– Michael Bogdan, Nordic Journal of International Law
‘A most useful new Research Handbook in European Law is on the table – highly recommended!’
– conflictoflaws.net
‘Professor Mankowski, at the head of a select group of jurists from different European countries, has chosen to analyse some of the most important issues of the Brussels Ibis Regulation frequently discussed in court. If you are looking for a clear, accurate and rigorous legal analysis, this is the right book for you.’
– Alfonso-Luis Calvo Caravaca, Carlos III University of Madrid, Spain
‘This timely book makes a major contribution to EU private international law by exploring and analysing 15 highly topical and emerging areas of international civil and commercial practice: it draws together arguments, presently scattered across the specialist literature of many legal systems, to illuminate each area by such excellent and clear expert comment that its purchase is plainly essential. Courts, practitioners and academics will all soon have reason to be grateful for its publication.’
– Jonathan Fitchen, University of Aberdeen, UK
– Michael Bogdan, Nordic Journal of International Law
‘A most useful new Research Handbook in European Law is on the table – highly recommended!’
– conflictoflaws.net
‘Professor Mankowski, at the head of a select group of jurists from different European countries, has chosen to analyse some of the most important issues of the Brussels Ibis Regulation frequently discussed in court. If you are looking for a clear, accurate and rigorous legal analysis, this is the right book for you.’
– Alfonso-Luis Calvo Caravaca, Carlos III University of Madrid, Spain
‘This timely book makes a major contribution to EU private international law by exploring and analysing 15 highly topical and emerging areas of international civil and commercial practice: it draws together arguments, presently scattered across the specialist literature of many legal systems, to illuminate each area by such excellent and clear expert comment that its purchase is plainly essential. Courts, practitioners and academics will all soon have reason to be grateful for its publication.’
– Jonathan Fitchen, University of Aberdeen, UK
Contributors
Contributors: T.M.C. Arons, S. Bollée, T.W. Dornis, P. Franzina, T. Garber, C. Heinze, A. Leandro, L.D. Loacker, P. Mankowski, F. Marougiu Buonaiuti, J. Meeusen, D. Moura Vicente, G. Payan, A. van Hoek, C. Warmuth, M.M. Winkler
Contents
Contents:
Editor’s introduction to the Research Handbook on the Brussels Ibis Regulation viii
Peter Mankowski
1 Cross-border dimension of collective proceedings in the Brussels Ibis regime: jurisdiction, lis pendens and related actions 1
T.M.C. Arons
2 Arbitration and the twists of Recital 12 of the Brussels Ibis Regulation 40
Sylvain Bollée and Étienne Farnoux
3 Negotiorum gestio and the Brussels Ibis Regulation 64
Tim W. Dornis
4 The substantive validity of forum selection agreements under the Brussels Ibis Regulation 95
Pietro Franzina
5 Injunctive relief under the Brussels Ibis Regulation 118
Thomas Garber
6 Intellectual property and the Brussels Ibis Regulation 147
Christian Heinze and Cara Warmuth
7 Collective labour law in the Brussels Ibis Regulation 172
Aukje van Hoek
8 The minefield at the interface of the Brussels Ibis Regulation and the European Insolvency Regulation (Recast) 188
Antonio Leandro
9 The rise and fall of a defining criterion? The targeting of digital commercial activities as a factor establishing consumer jurisdictions before and after the Geo-Blocking Regulation 207
Leander D. Loacker
10 The impact of the Brussels Ibis Regulation on the ‘second generation’ of European procedural law 230
Peter Mankowski
11 Lis alibi pendens and related actions before third country courts under the Brussels Ibis Regulation 250
Fabrizio Marongiu Buonaiuti
12 The Brussels Ibis Regulation and the prohibition of discrimination under EU primary law 285
Johan Meeusen
13 Culpa in contrahendo and the Brussels Ibis Regulation 311
Dário Moura Vicente
14 Article 55 Brussels Ibis Regulation, enforcement by penalty and the ‘astreinte’ 329
Guillaume Payan
15 Overriding mandatory provisions and choice of court agreements 346
Matteo M. Winkler
Index 360
Editor’s introduction to the Research Handbook on the Brussels Ibis Regulation viii
Peter Mankowski
1 Cross-border dimension of collective proceedings in the Brussels Ibis regime: jurisdiction, lis pendens and related actions 1
T.M.C. Arons
2 Arbitration and the twists of Recital 12 of the Brussels Ibis Regulation 40
Sylvain Bollée and Étienne Farnoux
3 Negotiorum gestio and the Brussels Ibis Regulation 64
Tim W. Dornis
4 The substantive validity of forum selection agreements under the Brussels Ibis Regulation 95
Pietro Franzina
5 Injunctive relief under the Brussels Ibis Regulation 118
Thomas Garber
6 Intellectual property and the Brussels Ibis Regulation 147
Christian Heinze and Cara Warmuth
7 Collective labour law in the Brussels Ibis Regulation 172
Aukje van Hoek
8 The minefield at the interface of the Brussels Ibis Regulation and the European Insolvency Regulation (Recast) 188
Antonio Leandro
9 The rise and fall of a defining criterion? The targeting of digital commercial activities as a factor establishing consumer jurisdictions before and after the Geo-Blocking Regulation 207
Leander D. Loacker
10 The impact of the Brussels Ibis Regulation on the ‘second generation’ of European procedural law 230
Peter Mankowski
11 Lis alibi pendens and related actions before third country courts under the Brussels Ibis Regulation 250
Fabrizio Marongiu Buonaiuti
12 The Brussels Ibis Regulation and the prohibition of discrimination under EU primary law 285
Johan Meeusen
13 Culpa in contrahendo and the Brussels Ibis Regulation 311
Dário Moura Vicente
14 Article 55 Brussels Ibis Regulation, enforcement by penalty and the ‘astreinte’ 329
Guillaume Payan
15 Overriding mandatory provisions and choice of court agreements 346
Matteo M. Winkler
Index 360
