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A.Executive Summary
1 The following study provides for a comprehensive analysis on theapplication 代写英语论文of the Regulation (EC) No. 44/01 (in the following: JudgmentRegulation) in 24 Member States. It is based on interviews, statisticsand practical research in the files of national courts. As an empiricalstudy, it addresses the practical application of the Communityinstrument in the Member States and elaborates proposals for its improvement.In the course of the research, the reporters got a clearanswer from an overwhelming majority of persons interviewed on theJudgment Regulation2: They clearly expressed the opinion that thisCommunity instrument is performing well; it was even lauded as amasterpiece of Community legislation.3 Although, some provisions ofthe Regulation and the case law of the European Court of Justicehave been criticised by the interviewed persons, the overwhelmingmajority appreciated the current state of affairs as being satisfactory.4However, the satisfaction of stakeholders dealing with the Europeaninstruments is in a certain contradiction to its practical application asthe percentage of cases where the Judgment Regulation is applied isrelatively low.5 However, the general impression that the JudgmentRegulation is one of the most successful pieces of legislation of theEuropean Community has been confirmed during the conduct of thisstudy.

2 The main focus of this report is to provide a comprehensive surveyon the practical application of the Judgment Regulation in 24 Mem- ber States. The survey was prepared by means of three questionnaires.7 These questionnaires were distributed among national reporterswho conducted interviews and consulted electronic databasesin their respective States. In addition, the general reporters directlyaddressed stakeholders in other Member States in order togather as much information as possible.8 In July 2006, a conferencetook place in Heidelberg, where the national and general reportersdiscussed the results of the empirical research and possible improvementsof the Regulation.9 By December 2006, the general reportershad received most of the national reports and started toelaborate this general assessment.

3 The following report does not suggest any fundamental amendmentof the structure of the Judgment Regulation. However, the reportproposes several improvements, especially with regard to the generalfunction of the Judgment Regulation as the residual instrumentof European Procedural Law. These improvements concern Articles1, 2, 5, 15, 22 (4), 23 and 31 JR and the proceedings for recognitionand enforcement of foreign judgments (Third Chapter JR) aswell as Article 49 JR. It is the general understanding of this report notto advise specific amendments of the Judgment Regulation butmainly to analyse practical problems and to indicate possible waysforward for improvements. Accordingly, the proposals in this reportare worded in an open way leaving room for alternatives. In addition,the report also stresses the “best practices” in the Member States relatedto the application of the Judgment Regulation. Member Statesmay consult this report for an improvement of https://www.51lunwen.org/their national legislationfor the implementation of the Judgment Regulation. Equally, this report is aimed at providing information for practitioners on how theJudgment Regulation is applied in other Member States.

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