Article 15 brussels II-bis: Two views from different sides of the channel

Article 15 Brussels II-bis provides for the transfer of jurisdiction from one Member State to another. This contribution examines the conditions and practice surrounding the application of Article 15 Brussels II-bis from two jurisdictions, namely the Netherlands, and England and Wales. From this comparison it is clear that there are evident divergent viewpoints as to the approach to be taken with Article 15 Brussels II-bis. This article is, therefore, aimed at bringing those differences in approach to the forefront so as to assist the European legislature in the ongoing evaluation of the Brussels II-bis Regulation.