Lupoi Michele Angelo, Between parties’ consent and judicial discretion: joinder of claims and transfer of cases in Regulation (EU) 2019/1111

Keywords: joinder of claims, prorogation of jurisdiction, transfer of cases, forum non conveniens

1. Regulation (EU) No. 2201 of 2003 on matrimonial matters and parental responsibility (the Brussels II bis Regulation) has recently been recast by Regulation (EU) 2019/1111 of June 25, 2019 (Brussels II bis recast, or the Brussels II ter Regulation) . Indeed, Regulation 2201/2003, while considered to be an effective instrument, had revealed some problematic aspects on which the European legislator deemed it appropriate to intervene .

With reference to these problematic aspects , in June 2016, the Commission formulated, after intensive data collection and survey work, a proposal to recast the Brussels II bis Regulation. In the document of June 30, 2016 which accompanied the recast proposal, the Commission proposed some general objectives, which in turn were broken down into specific objectives. The Parliament commented on the Commission’s proposal, with a political „compromise”...