Przegląd orzecznictwa Trybunału Sprawiedliwości Unii Europejskiej z zakresu europejskiego prawa procesowego cywilnego (2013–2014) – rozporządzenie nr 44/2001
A Review of the EU Court of Justice's Case Law in Relation to the European International Civil Procedure Law (2013-2014). Part One: Regulation No. 44/2001
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In the two recent years the Court of Justice of the EU delivered a number of important judgments pertaining to legal instruments within the framework of the so-called Judicial Cooperation in Civil Matters. The law of international civil procedure thus remains one of the most vividly developing spheres of the European integration. The importance of the above-mentioned ECJ preliminary rulings judgments is primordial for the Polish and European lawyers, all the more so as the Brussels Ibis ('Recast') Regulation No. 1215/2012 is set to apply as from January 2015, which naturally gives rise to the question of validity of the previous case law on the original Regulation No. 44/2001 under its amended and reviewed version. The two-part article is the detailed and profound study of the ECJ's acquis within the framework of the basic legal instruments underpinning the EU Common Judicial Area, including all the 'Brussels' Regulations, the Small Claims Regulation No. 861/2007, the Insolvency Regulation No. 1346/2000, etc. The authors pay much attention to the mechanisms of cooperation between Member States and the Union, trying not only to look into the technical matters raised by the respective cases before the Court of Justice but also highlighting the importance of some underlying constitutional and international aspects.
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