Table of Articles

Council Regulation (EC) No 44/2001
of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

CHAPTER I : SCOPE

Art. 1(1)

	Civil and commercial matters - Claim for payment of contributions presented by a Slovak sickness insurance body against an individual domiciled in the Czech Republic - Compulsory statutory sickness insurance scheme for the entire population - Excluded as a subject falling under administrative law - N° 2006/22
	Civil and commercial matters - ‘Civil matters’ - Libel action against the Netherlands Central Bank and employees of that bank concerning the action of a public body in the exercise of sovereign authority - Excluded - N° 2007/26
	Civil and commercial matters – Meaning of ‘civil matter’ – Libel action against the Netherlands Central Bank and employees of that bank concerning the action of a public body in the exercise of sovereign authority – Excluded - N° 2008/33
	Civil and commercial matters – Maintenance obligations – Order to make provision for the needs of one party having regard to the resources of the other – Included – Division of assets in the context of proceedings concerning the status of a person – Excluded – Award in the form of periodic maintenance payments, a lump sum, or the transfer of ownership of movable or immovable property – No effect - N° 2008/40
	Civil and commercial matters – Order relating to maintenance obligations ancillary to divorce proceedings excluded by virtue of its subject-matter – Ancillary order included - N° 2008/40
	Civil and commercial matters - Meaning - Competition law (Kartellrecht) - Application for provisional measures seeking the cessation, pursuant to Austrian competition law, of a discriminatory practice adopted by a legal person governed by German public law and responsible for marketing timber from the public forests of the Land of Bavaria - Included - N° 2009/26
	Civil and commercial matters - Meaning - French judgment delivered in an action brought by an economic interest group governed by French law with a legal monopoly on the organisation of horse race betting and whose primary objective is to protect French public policy - Excluded - Application for enforcement brought before the Maltese courts - Refusal of an enforcement order - N° 2009/57

Art. 1(2)

	Excluded matters - Arbitration - Proceedings for a declaration that there is an obligation to refer claims to arbitration, to establish a breach of an arbitration agreement by the issue of proceedings in the courts of another Member State and to obtain an injunction to restrain the other party from continuing with those proceedings - Included - Inapplicability of Regulation 44/2001 - N° 2006/33
	Excluded matters - Arbitration - Proceedings for a declaration that there is an obligation to refer claims to arbitration, to establish a breach of an arbitration agreement by the issue of proceedings in the courts of another Member State and to obtain an injunction to restrain the other party from continuing with those proceedings - Included - Inapplicability of Regulation 44/2001 - N° 2007/6
	Matters excluded – Bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings – Action in the context of the insolvency to set a transaction aside – Included – Request for interpretation - N° 2008/4
	Matters excluded – Bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings – Insolvency in a Member State – Property situated in another Member State but included in the assets of the insolvent debtor – Sale by the liquidator of property in the State in which it is situated – Shares of a company established in that second Member State and registration in its company register – Re-registration of the insolvent company, as a company in liquidation, following a judicial decision – Judgment of a court in the second Member State annulling the sale of the company’s shares and requiring the company of that State to amend the details recorded in its company register on the ground of the liquidator’s lack of authority – Action for determination of ownership of the shares brought in the first State by the purchaser of those shares – Recognition and force of res judicata – Relationship between Council Regulation No 44/2001 and Council Regulation No 1346/2000 – Exception relating to bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings – Meaning – In the absence of an agreement between the States, judgment of a court of the second Member State declaring the liquidator’s lack of authority to act – Included – Request for interpretation - N° 2008/10
	Matters excluded – Bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings – Meaning – Proceedings initiated by a seller seeking to obtain protective measures in respect of an asset to which a reservation of title applies, which was sold to a buyer against whom insolvency proceedings were opened in the same State as that in which the asset is situated – Included, particularly in the light of Article 7(1) of Council Regulation No 1346/2000 (Question 2) – Law applicable to the insolvency proceedings and to its effects – Law of the State in which the proceedings were opened – Determination of assets belonging to the estate – Repercussions on the answer to Question 2 (Question 3) – Request for interpretation - N° 2008/13
	Preliminary issue concerning the applicability of an arbitration agreement - Included - Injunction granted by a court of a Member State restraining a party from commencing or continuing proceedings before a court of another Member State on the ground that those proceedings would allegedly be contrary to an arbitration agreement - Not permissible - N° 2009/2
	Excluded matters - Bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings - Action to set a transaction aside by virtue of insolvency brought against a person whose registered office is in another Member State - Inclusion - Applicability of Regulation No 1346/2000 - Jurisdiction of the courts of the Member State in which insolvency proceedings were opened - N° 2009/3
	Excluded matters - Bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings - Judgments relating to an insolvency - Judgment in one Member State declaring invalid the transfer of shares in the context of insolvency proceedings conducted and closed in another Member State - Excluded from scope - N° 2009/9
	Relations with other instruments - Regulation No 1346/2000 - International jurisdiction to open insolvency proceedings - Action to set a transaction aside by virtue of insolvency brought against a person whose registered office is in another Member State - Jurisdiction of the courts of the Member State in which insolvency proceedings were opened - N° 2009/23
	Excluded matters - Social security - Claim by a social security institution for the recovery from an employer of employees’ social security contributions - Excluded - Applicability of the regulation - N° 2009/35