The Brussels I Regulation and Liability for Nuclear Damage

Prior to 2004, the map of the European Union seemed to be basically identical to the map of the contracting parties to the Paris Convention on Third Party Liability in the Field of Nuclear Energy of 1960 (thereinafter “the Paris Convention”).1 The 2004 and 2007 enlargements were mainly composed of the contracting parties to the Vienna Convention on Civil Liability for Nuclear Damage of 1963 (thereinafter “the Vienna Convention”).2 In various discussions, the term “nuclear liability patchwork” is used to describe this existing situation.3 One of the problems arising from this “patchwork” is that, while a uniform legal framework was established for matters of jurisdiction and the enforcement of decisions under the authority given to the European Union (“EU”) by the Council Regulation on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters (hereinafter “Brussels Regulation”),4 this overall framework does not apply to particular matters governed by the special conventions to which member states may be contracting parties, see Article 71 of the Brussels Regulation.