제3국의 관점에서 본 차세대 유럽민사소송법

With the recast of the Brussels I Regulation, European civil procedural law will partly experience profound changes. This paper scrutinizes the recast with the standpoint of third state and has a special focus on questions how far the recast would affect on our citizens and companies. The plans to extend the rules on jurisdiction to third-state defendants were largely abandoned, and the changes with regard to jurisdiction agreement turned out more moderate than proposed by the Commission. Nevertheless jurisdiction agreement has a great role in the contract between european citizen and third-state party. The abolition of the exequatur procedure consists in the main feature of the reform. With this step, one of the main political goals in the field of European judicial cooperation, the abolition of “intermediate procedures” standing in the way of cross-border enforcement of judgments, has been achieved – at the price, however, of retaining the grounds for refusal recognition and enforcement. This article discusses the innovation introduced by the recast Regulation, and then analyses the third-state problems and points out some procedural strategies for them.