EU Commission: Survey on the Application of Brussels Ia Regulation

The EU Commission is seeking your input on the practical application of the Regulation on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters of 12 December 2012 (“Brussels Ia” or “Brussels Recast”). The questionnaire is addressed not only to bar associations and similar professional bodies, but also to individual practitioners.

Aim of the Study

The Commission defines the aim of the study as follows:

“The overall aim of the study is to provide solid evidence and analysis of legal and practical issues to assist the European Commission in preparing a report to the European Parliament, the Council and the European Economic and Social Committee on the application of the Brussels Ia Regulation. To this end, the study will analyse the application of the Brussels Ia Regulation in the Member States and identify the main legal difficulties and practical challenges encountered in practice. It will also analyse how recent socio-economic changes may pose challenges to the Brussels Ia Regulation’s rules, well-established terms, and connecting factors, and assess the interaction of the Brussels Ia Regulation with relevant EU and international instruments in sectors covered by the Regulation or on private international law. Based on this work, the study will propose appropriate solutions to improve the Regulation.”

Scope of the Survey

Most of the questions relate to the workability of the ECPT. The online questionnaire also inquires about issues that are rather rare in practice but politically sensitive, such as Strategic Lawsuits Against Public Participation (SLAPPs) or the protection of cultural property. Questions on smart contracts and the blockchain are forward-looking. In total, the questionnaire comprises 42 questions, organized by “Scope and Definitions”, “Jurisdiction”, “Recognition and Enforcement”, “Overall Questions on Application”, and “Looking Forward”. Most questions are multiple choice, but there are also a number of free form text fields, and you can upload further comments.

Deadline for Comments: 22 May 2022

The link to the survey is here. The survey is in English, but responses will be accepted in all official EU languages. The deadline for comments is 22 May 2022.


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