Strengthening legal certainty in the EU
As the EU’s internal market grows increasingly interconnected, unified private international law becomes ever more crucial. While rules differ among member states, harmonisation at the EU level helps ensure predictability, legal certainty, and equal treatment for citizens and businesses alike.
The Brussels I-bis Regulation addresses these disparities by offering a coherent set of rules on international jurisdiction and the recognition and enforcement of judgments within the EU. Its goal is to enable a uniform interpretation of its provisions—independent from national laws—guided largely by case law from the Court of Justice of the European Union (CJEU).
Clear and simple rules
The Commission’s Report affirms that the Regulation is a highly successful instrument, with its clear and simple rules widely valued by legal practitioners. It has significantly improved judicial cooperation across EU member states. However, the Report also acknowledges the need for clarification in certain complex areas, so a formal review of the Regulation will be initiated by the Commission. Among the key issues to be addressed are:
- The scope and definitions in Articles 1–3, including the exclusion of arbitration, and evolving definitions of ‘judgment’ and ‘court’;
- The application of jurisdiction rules to non-EU defendants;
- Legal uncertainties around cross-border torts (e.g. financial loss, privacy rights);
- The interaction between the Regulation and collective redress mechanisms, digitalisation, and international conventions.
