Regulation of Exclusive Jurisdiction in the EU Law

- with a focus on regulation in the Serbian legislation

Abstract

The exclusive jurisdiction of courts and other authorities is defined in individual disputes with an foreign element whose characteristics are related to the state in which courts and other authorities are located, when certain values are protected, the nature of which is defined by that state. In EU law, exclusive jurisdiction defines Regulation no. 1215/2012 of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. This Act defines exclusive jurisdiction in matters relating to: 1) object rights in rem in immovable property or tenancies of immovable property located in the territory of the state of the court, 2) the matters relating to the status of companies, 3) the matters relating to the entry into the public register, 4) the matters relating to the registration procedure and the validity of trademarks, patents and other similar rights, and 5) the matters relating to enforcement of a judgments in the state of the court. This paper, also, pays attention to the regulation of exclusive jurisdiction in the Act on resolving the conflict of laws with the regulations of other countries of Serbia, as well as in the Draft of the future Acton International Private Law of Serbia. The author in the paper concludes that provisions relating to the exclusive jurisdiction in above said acts are uncomplete.