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Cross-Border Judicial Cooperation in Civil Matters: Recent Developments From the CJEU
Judicial cooperation in civil and commercial matters has seen significant growth within the EU over the past two decades, driven largely by the rise in cross-border business transactions and mobility. However, despite this evolution, court staff and other legal professionals often lack sufficient familiarity with recent developments in the application of key regulatory instruments –most notably, the Brussels I-bis Regulation (Regulation (EU) 1215/2012).
As the cornerstone of judicial cooperation in civil and commercial matters, the Brussels I-bis Regulation holds a pivotal position within the broader framework of EU private international and procedural law. Its interpretation and application have been continuously shaped by the case law of the Court of Justice of the European Union (CJEU).
This course is designed to explore emerging issues arising from recent CJEU case law on judicial cooperation in civil and commercial matters, with a particular focus on the Brussels I-bis Regulation. Additionally, it will offer valuable insights into the broader multilateral landscape, covering the 2005 Hague Convention on Choice of Court Agreements and the 2019 Hague Convention on the Recognition and Enforcement of Judgments in Civil or Commercial Matters – both of which the European Union has acceded to.
The course serves a dual purpose:
- To equip participants with a deeper understanding of emerging issues in EU judicial cooperation in civil and commercial matters, particularly in light of recent case law from the Court of Justice of the European Union.
- To provide insights into the legal and policy considerations shaping this area of law, including its development at the multilateral level.
Course methodology
The course will be led by expert speakers who will deliver presentations on key topics, incorporating recent developments stemming from the case law of the Court of Justice of the European Union. Special emphasis will be placed on the Court’s role in ensuring the uniform interpretation of EU instruments governing judicial cooperation in civil and commercial matters. Each presentation will be followed by Q&A sessions, fostering an exchange of ideas, as well as discussions where participants can share their professional experiences and insights.
This course will provide you with a comprehensive understanding of judicial cooperation in civil and commercial matters, with a particular focus on emerging issues. It will also offer valuable insights into the policy and legal considerations underpinning EU legislation in this field.
Adopting a practical and realistic approach, the course will use real-world examples to enhance participants’ knowledge of key topics, including:
- The cross-border dimension of the Brussels I-bis Regulation
- Article 7(2) of the Brussels I-bis Regulation
- Provisional measures under the Brussels I-bis Regulation
- Public policy considerations within the Brussels I-bis Regulation
- The 2005 and 2019 Hague Conventions.
This course on Cross-Border Judicial Cooperation in Civil Matters: Recent Developments From the CJEU is one of the courses we are offering in Luxembourg on cross-border judicial cooperation and dispute resolution in civil and commercial matters.
Interested to learn more about the related courses? Please click below:
Cross-Border Civil Judicial Litigation
EU Cross-Border Mediation in Civil Commercial and Family Matters
Cross-Border Litigation: Debt Recovery
This course is designed for EU and national civil servants, lawyers and in-house counsel dealing with cross-border litigation, and national judges.
Project number: 2551601
Course venue
European Centre for Judges and Lawyers – EIPA Luxembourg
8 rue Nicolas Adames
1114 Luxembourg
Programme Organiser
Ms Elisa Dolci
Tel: +352 691 108 038
e.dolci@eipa.eu
Fee
The fee includes documentation, refreshments and a lunch. Accommodation and travel costs are at the expense of the participants or their administration.
Discounts
EIPA member fee
EIPA offers a discount to all civil servants working for one of EIPA’s supporting countries, and civil servants working for an EU institution, body or agency.
Who are the supporting countries?
Civil servants coming from the following EIPA supporting countries are entitled to get the reduced fee: Austria, Belgium, Bulgaria, Cyprus, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Spain, Sweden.
For all other participants, the regular fee applies.
Early bird discount
The early bird discount is not cumulative with other discounts or promo codes, except for the EIPA member fee.
Loyalty coupon
As a token of appreciation we offer all our participants a loyalty coupon for one of our future courses. The offer can be shared with colleagues and relevant networks. The coupon will expire one year after its release. This discount is not cumulative with other discounts, except for the EIPA member fee.
Meals
Dietary preferences can be indicated on the registration form.
Hotel reservations
EIPA has special price arrangements with a number of hotels. Most rates are including breakfast and tourist tax. Should you wish to make use of this possibility, please book directly via the links below. Payment is to be made directly and personally to the hotel upon checking out.
Kirchberg
- Hotel D’Coque***, via https://www.coque.lu/coque-hotel-superior/online-booking, tel.: +352 43 60 60 222
Luxembourg Centre
- Hotel Parc Plaza****, at the rate of €182, (Reservation code: EIPA0118): https://www.goereshotels.com/parc-plaza-en
- Hotel Parc Bellevue***, at the rate of €150, (Reservation code: EIPA0118): https://www.goereshotels.com/belle-vue-en: +352 44 23 23 23 23; e-mail: reservation@goereshotels.com;
- Hotel Simoncini****, at the rate of €190, tel.: +352 22 28 44; e-mail: simhotel@pt.lu or simoncinihotel@pt.lu; https://www.hotelsimoncini.lu/.
Confirmation
Confirmation of registration will be forwarded to participants on receipt of the completed online registration form.
Payment
Prior payment is a condition for participation.
Cancellation policy
For administrative reasons you will be charged €150 for cancellations received within 15 days before the activity begins. There is no charge for qualified substitute participants. EIPA reserves the right to cancel the activity up to 2 weeks before the starting date. In that case, registration fees received will be fully reimbursed. EIPA accepts no responsibility for any costs incurred (travel, accommodation, etc.).
A few days before the start of the course you will receive the log-in details for accessing the course materials. You can log in here.
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Our experts
Programme
09.00 | Registration of participants |
09.30 | Welcome and introduction to EU Judicial Cooperation in Civil and Commercial Matters Dr. Cristina M. Mariottini, EIPA Luxembourg – European Centre for Judges and Lawyers |
10.00 | The Cross-Border Element in the Brussels I-bis Regulation: Shifting Boundaries? The applicability of Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Brussels I-bis Regulation) is conditional on the existence of a foreign element making the dispute cross-border. This session will tackle the notion of cross-border dispute in light of the case law of the Court of Justice of the European Union, including on the basis of recent judgments. Dr. Cristina M. Mariottini |
10.45 | Q&A |
11.00 | Article 7 No 2 of the Brussels I-bis Regulation and the Increasing Fragmentation in the Case Law of the Court of Justice of the European Union The case law of the CJEU on the localisation of non-tangible damages under Article 7 No 2 of the Brussels I -bis Regulation has triggered many recurring preliminary references. This session will illustrate the analogies but also distinctive character of the notion of ‘place of the harmful event’ as a result of such jurisprudence. Dr. Carlos Santaló Goris, Post-Doc Researcher, University of Luxembourg; Long Term Expert, EIPA Luxembourg – European Centre for Judges and Lawyers Dr. Cristina M. Mariottini |
11.45 | Q&A |
12.00 | Lights and Shadows of Provisional Measures under the Brussels I-bis Regulation To assess the effectiveness of applying provisional measures in cross-border civil proceedings, it is essential to clarify which national measures fall within the scope of provisional measures under EU law. Since the Brussels I-bis Regulation does not provide a precise definition of provisional measures, this session aims to guide interpreters in accurately defining and applying this concept within the EU legal framework. Dr. Carlos Santaló Goris |
12.45 | Q&A |
13.00 | Lunch |
14.30 | Public Policy under the Brussels I-bis Regulation: A Real Challenge to the Enforcement of Judgments? Pursuant to Article 45(1)(a) of the Brussels I-bis Regulation, in conjunction with Article 46 thereof, the recognition and enforcement of a judgment may be refused if it is manifestly contrary to public policy (ordre public) in the Member State addressed. This session will explore the evolving interpretation of public policy through recent – and, in some cases, controversial – case law from the Court of Justice of the European Union. It will also examine the broader implications of these rulings on the enforcement of judgments across the EU. Dr. Carlos Santaló Goris |
15.15 | Q&A |
15.30 | The 2005 and 2019 Hague Conventions: A Game Changer in Cross-Border Dispute Resolution Beyond EU Borders? The 2005 Hague Convention on Choice of Court Agreements and the 2019 Hague Convention on the Recognition and Enforcement of Judgments in Civil or Commercial Matters – both of which the European Union has acceded to – enhance legal certainty and predictability in cross-border litigation. By streamlining procedures, they help reduce costs, timeframes, and risks associated with international disputes. These Conventions represent a significant milestone in global efforts to strengthen cross-border dispute resolution and improve effective access to justice. This session will introduce participants to these key multilateral instruments and explore their interaction with EU legal frameworks in the same area of the law. Dr. Cristina M. Mariottini |
16.15 | Q&A |
16.30 | Conclusions and evaluation |
17.00 | End of the course |