NAME : SRI MULIANA AZHARI

PRIVATE INTERNATIONAL LAW

The differences and similarities between BR1 and BR2

SIMILARITIES
BR1 BR2

The rule provides a basis for ‘general’ The cornerstone of the Brussels 2 Regulation
jurisdiction. The principle whereby the is the principle whereby the defendant,
defendant, irrespective of his nationality, irrespective of his nationality, may be sued
may be sued before the courts of the before the courts of the Member State where
Member State where he is domiciled and he is domiciled [Article 4 (1)].
treat in the same way as the nationals of the
state [Article 4 (2)].
Provision provide exclusive grounds of The courts of a Member State shall have
jurisdiction relating to claim regarding exclusive jurisdiction, regardless of the
tenancy or rights in rem in immoveable domicile of the parties in proceedings which
property can be decided solely by the courts have as their object rights in rem in
of the Member State where the property is immovable property or tenancies of
situated [Article 22 (1)]. immovable property, the courts of the
Member State in which the property is
situated [Article 24 (1)].
Provision set forth special grounds of A person domiciled in a member state may
jurisdiction relating to litigation in respect of be sued in another member state in matters
‘tort, delict or quasi-delict’ may take place, relating to tort, delict or quasi-delict, in the
at the claimant’s option, either in the country courts for the place where the harmful event
where the defendant is domiciled, or ‘in the occurred or may occur [Article 7(2)].
courts for the place where the harmful event
occurred or may occur’ [Article 5 (3)].
Regulation regarding the jurisdiction to issue Regulation regarding the jurisdiction to issue
provisional, including protective, measures provisional, including protective, measures.
regulated in Article 31 "Application may be An application for these measures, as may be
made to the courts of a Member State for available under the law of that Member State
such provisional, including protective, of the seised court, may be made ‘even if the
measures as may be available under the law courts of another Member State have
of that State, even if, under this Regulation, jurisdiction as to the substance of the matter’
the courts of another Member State have [Article 35].
jurisdiction as to the substance of the
matter."
Provisions create protective jurisdictional Whereas in BR2 this matter is regulated in
regimes for litigation involving ‘weaker article 21 which states "An employer
parties.’ Under article 19 the employee has domiciled in a Member State may be sued:
the option to sue the employer before the (a) in the courts of the Member State in
courts of the Member State in which the which he is domiciled; or (b) in another
latter is domiciled or, in another Member Member State:
State, in the courts for the place where the (i) in the courts for the place where or from
employee habitually carries out his work or where the employee habitually carries out
in the courts for the last place where he did his work or in the courts for the last place
so. By contrast, the employer may bring where he did so; or (ii) if the employee does
proceedings only in the courts of the not or did not habitually carry out his work
Member State in which the employee is in any one country, in the courts for the
domiciled. place where the business which engaged the
employee is or was situated.”

DIFFERENCES
BR1 BR2
Denmark is not member state in BR1, this is Denmark has become member state.
stated in article 1 point 3 " In this
Regulation, the term ‘Member State’ shall
mean Member States with the exception of
Denmark"
Regarding the prorogation of jurisdiction in In BR 2 regulation about the prorogation of
BR1 requires one or more parties domiciled jurisdiction does not require one or more
in the Member State [Article 23]. parties domiciled in the Member State
[Article 25].
Apart from Article 80, BR 1 will continue to BR 2 regulations come into force after
apply to decisions rendered in legal January 10, 2015.
proceedings institutionalized, for authentic
instruments that are formally compiled or
registered and to the settlement court
approved or concluded before January 10,
2015 which is included in the scope of the
Regulation.
In BR1 excluded matters just about the In BR2 there is some additional matters are
status or legal capacity of natural persons, not apply to the regulation : maintenance
bankruptcy, social security, and arbitration obligation arising from a family
[Article 1 (2)]. relationship, parentage, marriage or affinity
and maintenance obligations arising by
reason of death [Article 1 (2)].