Regulamentul (UE) nr. 1215/2012 — Bruxelles I bis

Extrasele exacte din actul la care trimit ghidurile, în forma indicată la fiecare extras.

1. Art. 11 alin. (1); PDF p. 14 · forma din 26 februarie 2015 · limba originalului: en

   An insurer domiciled in a Member State may be sued: (a) in the courts of the Member State in which he is domiciled; (b) in another Member State, in the case of actions brought by the policyholder, the insured or a beneficiary, in the courts for the place where the claimant is domiciled; or (c) if he is a co-insurer, in the courts of a Member State in which proceedings are brought against the leading insurer.

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2. Art. 13 alin. (2); PDF p. 14 · forma din 26 februarie 2015 · limba originalului: en

   Articles 10, 11 and 12 shall apply to actions brought by the injured party directly against the insurer, where such direct actions are permitted.

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3. Art. 66 alin. (1)–(2); PDF p. 33 · forma din 26 februarie 2015 · limba originalului: en

   This Regulation shall apply only to legal proceedings instituted, to authentic instruments formally drawn up or registered and to court settlements approved or concluded on or after 10 January 2015. 2. Notwithstanding Article 80, Regulation (EC) No 44/2001 shall continue to apply to judgments given in legal proceedings instituted, to authentic instruments formally drawn up or registered and to court settlements approved or concluded before 10 January 2015 which fall within the scope of that Regulation.

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4. Anexa III — tabel de corespondență · forma din 26 februarie 2015 · limba originalului: en

   ANNEX III CORRELATION TABLE Regulation (EC) No 44/2001 This Regulation Article 1(1) Article 1(1) Article 1(2), introductory words Article 1(2), introductory words Article 1(2) point (a) Article 1(2), points (a) and (f) Article 1(2), points (b) to (d) Article 1(2), points (b) to (d) — Article 1(2), point (e) Article 1(3) — — Article 2 Article 2 Article 4 Article 3 Article 5 Article 4 Article 6 Article 5, introductory words Article 7, introductory words Article 5, point (1) Article 7, point (1) Article 5, point (2) — Article 5, points (3) and (4) Article 7, points (2) and (3) — Article 7, point (4) Article 5, points (5) to (7) Article 7, points (5) to (7) Article 6 Article 8 Article 7 Article 9 Article 8 Article 10 Article 9 Article 11 Article 10 Article 12 Article 11 Article 13 Article 12 Article 14 Article 13 Article 15 Article 14 Article 16 Article 15 Article 17 Article 16 Article 18 Article 17 Article 19 Article 18 Article 20 Article 19, points (1) and (2) Article 21(1) — Article 21(2) Article 20 Article 22 Article 21 Article 23

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5. Article 1 · forma din 26 februarie 2015 · limba originalului: en

   Article 1 1. This Regulation shall apply in civil and commercial matters whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters or to the liability of the State for acts and omissions in the exercise of State authority (acta iure imperii). 2. This Regulation shall not apply to: (a) the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship or out of a relationship deemed by the law applicable to such relationship to have comparable effects to marriage; (b) bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings; (c) social security; (d) arbitration; (e) maintenance obligations arising from a family relationship, parentage, marriage or affinity; (f) wills and succession, including maintenance obligations arising by reason of death.

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6. Article 10 · forma din 26 februarie 2015 · limba originalului: en

   Article 10 In matters relating to insurance, jurisdiction shall be determined by this Section, without prejudice to Article 6 and point 5 of Article 7.

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7. Article 11 · forma din 26 februarie 2015 · limba originalului: en

   Article 11 1. An insurer domiciled in a Member State may be sued: (a) in the courts of the Member State in which he is domiciled; (b) in another Member State, in the case of actions brought by the policyholder, the insured or a beneficiary, in the courts for the place where the claimant is domiciled; or (c) if he is a co-insurer, in the courts of a Member State in which proceedings are brought against the leading insurer. 2. An insurer who is not domiciled in a Member State but has a branch, agency or other establishment in one of the Member States shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that Member State.

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8. Article 12 · forma din 26 februarie 2015 · limba originalului: en

   Article 12 In respect of liability insurance or insurance of immovable property, the insurer may in addition be sued in the courts for the place where the harmful event occurred. The same applies if movable and immovable property are covered by the same insurance policy and both are adversely affected by the same contingency.

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9. Article 13 · forma din 26 februarie 2015 · limba originalului: en

   Article 13 1. In respect of liability insurance, the insurer may also, if the law of the court permits it, be joined in proceedings which the injured party has brought against the insured. 2. Articles 10, 11 and 12 shall apply to actions brought by the injured party directly against the insurer, where such direct actions are permitted. 3. If the law governing such direct actions provides that the policy­ holder or the insured may be joined as a party to the action, the same court shall have jurisdiction over them.

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10. Article 4 · forma din 26 februarie 2015 · limba originalului: en

    Article 4 1. Subject to this Regulation, persons domiciled in a Member State shall, whatever their nationality, be sued in the courts of that Member State. 2. Persons who are not nationals of the Member State in which they are domiciled shall be governed by the rules of jurisdiction applicable to nationals of that Member State.

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11. Article 5 · forma din 26 februarie 2015 · limba originalului: en

    Article 5 1. Persons domiciled in a Member State may be sued in the courts of another Member State only by virtue of the rules set out in Sections 2 to 7 of this Chapter. 2. In particular, the rules of national jurisdiction of which the Member States are to notify the Commission pursuant to point (a) of Article 76(1) shall not be applicable as against the persons referred to in paragraph 1.

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12. Article 6 · forma din 26 februarie 2015 · limba originalului: en

    Article 6 1. If the defendant is not domiciled in a Member State, the juris­ diction of the courts of each Member State shall, subject to Article 18(1), Article 21(2) and Articles 24 and 25, be determined by the law of that Member State. 2. As against such a defendant, any person domiciled in a Member State may, whatever his nationality, avail himself in that Member State of the rules of jurisdiction there in force, and in particular those of which the Member States are to notify the Commission pursuant to point (a) of Article 76(1), in the same way as nationals of that Member State.

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13. Article 62 · forma din 26 februarie 2015 · limba originalului: en

    Article 62 1. In order to determine whether a party is domiciled in the Member State whose courts are seised of a matter, the court shall apply its internal law. 2. If a party is not domiciled in the Member State whose courts are seised of the matter, then, in order to determine whether the party is domiciled in another Member State, the court shall apply the law of that Member State.

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14. Article 63 · forma din 26 februarie 2015 · limba originalului: en

    Article 63 1. For the purposes of this Regulation, a company or other legal person or association of natural or legal persons is domiciled at the place where it has its: (a) statutory seat; (b) central administration; or (c) principal place of business. 2. For the purposes of Ireland, Cyprus and the United Kingdom, ‘statutory seat’ means the registered office or, where there is no such office anywhere, the place of incorporation or, where there is no such place anywhere, the place under the law of which the formation took place. 3. In order to determine whether a trust is domiciled in the Member State whose courts are seised of the matter, the court shall apply its rules of private international law.

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15. Article 7 · forma din 26 februarie 2015 · limba originalului: en

    Article 7 A person domiciled in a Member State may be sued in another Member State: (1) (a) in matters relating to a contract, in the courts for the place of performance of the obligation in question; (b) for the purpose of this provision and unless otherwise agreed, the place of performance of the obligation in question shall be: — in the case of the sale of goods, the place in a Member State where, under the contract, the goods were delivered or should have been delivered, — in the case of the provision of services, the place in a Member State where, under the contract, the services were provided or should have been provided; (c) if point (b) does not apply then point (a) applies; (2) in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur; (3) as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings, to the extent that that court has jurisdiction under its own law to entertain civil proceedings; (4) as regards a civil claim for the recovery, based on ownership, of a cultural object as defined in point 1 of Article 1 of Directive 93/7/EEC initiated by the person claiming the right to recover such an object, in the courts for the place where the cultural object is situated at the time when the court is seised; (5) as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place where the branch, agency or other establishment is situated; (6) as regards a dispute brought against a settlor, trustee or beneficiary of a trust created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the courts of the Member State in which the trust is domiciled; (7) as regards a dispute concerning the payment of remuneration claimed in respect of the salvage of a cargo or freight, in the court under the authority of which the cargo or freight in question: (a) has been arrested to secure such payment; or (b) could have been so arrested, but bail or other security has been given; provided that this provision shall apply only if it is claimed that the defendant has an interest in the cargo or freight or had such an interest at the time of salvage.

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16. Article 80 · forma din 26 februarie 2015 · limba originalului: en

    Article 80 This Regulation shall repeal Regulation (EC) No 44/2001. References to the repealed Regulation shall be construed as references to this Regu­ lation and shall be read in accordance with the correlation table set out in Annex III.

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17. Article 81 · forma din 26 februarie 2015 · limba originalului: en

    Article 81 It shall apply from 10 January 2015, with the exception of Articles 75 and 76, which shall apply from 10 January 2014. This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

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18. Considerentul 34 · forma din 26 februarie 2015 · limba originalului: en

    (34) Continuity between the 1968 Brussels Convention, Regulation (EC) No 44/2001 and this Regulation should be ensured, and transitional provisions should be laid down to that end. The same need for continuity applies as regards the interpretation by the Court of Justice of the European Union of the 1968 Brussels Convention and of the Regulations replacing it.

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