Law

Cross-Border Judicial Cooperation in Civil Matters: Recent Developments From the CJEU

Focussing on recent CJEU case-law in the area of judicial cooperation in civil and commercial matters, this course is devised to tackle emerging issues that have arisen in the context of the application of the Brussels I-bis Regulation.

About this course

Judicial cooperation in civil and commercial matters experienced a significant growth within the EU over the past two decades, especially as a result of the increase in cross-border business transactions and mobility. Against this background, court staff and other legal professionals often lack a sufficient degree of familiarity with the recent developments that characterise the application of the instruments that regulate this area of the law – notably the Brussels I-bis Regulation (Regulation (EU) 1215/2012). To date, the Brussels I-bis Regulation is the cornerstone of judicial cooperation in civil and commercial matters and plays a special role among the numerous instruments of EU private international and procedural law. Its development has been continuously flanked and steered by the case law of the Court of Justice of the European Union.

Focusing on recent CJEU case law in the area of judicial cooperation in civil and commercial matters, this course is devised to tackle emerging issues that have arisen in the context of the application of the Brussels I-bis Regulation.

Against this background, this course will also provide interesting insights into this area of the law at the multilateral level. It will address 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, respectively (on the grounds that the European Union acceded to both Conventions).

What you will learn:

The purpose of the course is two-fold:

  • to familiarise participants with emerging issues in the area of EU judicial cooperation in civil and commercial matters, especially in the light of the recent case law of the Court of Justice of the European Union;
  • to shed light on the policy and legal considerations underlying this area of the law, including at the multilateral level.

Course methodology:

The course sessions will be delivered by experts with presentations on key topics, taking into account the recent developments arising from the case law of the Court of Justice of the European Union. It will include its contribution to ensure the uniform interpretation of the EU instruments that regulate judicial cooperation in civil and commercial matters. These presentations will be followed by Q&A sessions to exchange ideas, and discussions where participants will have the opportunity to share their professional experiences.

Interested to learn more about cross-border dispute resolution in civil and commercial matters? We are offering a series of related courses for you in Luxembourg: Cross-Border Judicial Cooperation Tools (25 October) | Cross-Border Debt Recovery: EU Proceedings (7-8 November) | EU Cross-Border Civil and Commercial Litigation (22 November)

This course will help the participants to become acquainted with judicial cooperation in civil and commercial matters, with a special focus on emerging issues. It will also shed light on the respective policy and legal considerations lying behind the European Union legislation emerging in the field of judicial cooperation in civil and commercial matters.

Taking a realistic approach and using practical examples, the course will provide participants with knowledge about:

  • the cross-border element in the Brussels I-bis Regulation;
  • Article 7 No 2 of the Brussels I-bis Regulation;
  • provisional measures under the Brussels I-bis Regulation;
  • public policy under the Brussels I-bis Regulation;
  • the 2005 and 2019 Hague Conventions.

This course is designed for EU and national civil servants: lawyers and in-house counsels dealing with cross-border litigation; and national judges who wish to become acquainted with the recent developments in the CJEU case law in judicial cooperation in civil matters.

Project number: 2451601

Course venue
European Centre for Judges and Lawyers – EIPA Luxembourg
8 rue Nicolas Adames
1114 Luxembourg

Project Management Officer
Ms Isabela Puscasu
Tel: +31 43 3296240
i.puscasu@eipa.eu

Fee
The fee includes documentation, refreshments and lunches. 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

Luxembourg Centre

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.

Download the brochure

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Our experts

Project leader

Cristina Mariottini

EU Law, Judicial cooperation in civil and commercial matters

Programme

09.00Registration of participants
09.30Welcome and introduction to EU Judicial Cooperation in Civil and Commercial Matters
Cristina M. Mariottini, EIPA Luxembourg – European Centre for Judges and Lawyers
10.00The 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 two very recent judgments.
Cristina M. Mariottini
10.45Q&A
11.00Article 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.
Marco Buzzoni, Luxembourg Centre for European Law (LCEL), University of Luxembourg
11.45Q&A
12.00Lights and Shadows of Provisional Measures under the Brussels I-bis Regulation
To deal with the effectiveness of the application of provisional measures in cross-border civil proceedings, it is necessary to clarify which national measures fall within the notion of provisional measures under EU law. In light of the fact that the Brussels I-bis Regulation does not provide a precise definition of provisional measures, this session is designed to assist the interpreter in giving this notion a proper interpretation.
Carlos Santaló Goris, EIPA Luxembourg – European Centre for Judges and Lawyers
12.45Q&A
13.00Lunch
14.30Public Policy under the Brussels I-bis Regulation: a Real Challenge to the Enforcement of Judgments?
In accordance with Article 45(1)(a) of the Brussels I-bis Regulation, read in conjunction with Article 46, 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 delve into the recent (and, in some cases, controversial) case law of the Court of Justice of the European Union and the impact it has on the notion of public policy.
Marco Buzzoni
15.15Q&A
15.30The 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 2019 Hague Convention on the Recognition and Enforcement of Judgments in Civil or Commercial Matters (both acceded to by the European Union) foster legal certainty and predictability. They ensure the reduction of costs, timeframes, and risks in cross-border litigation at the global level. Both Conventions are a game changer for cross-border dispute settlement and an apex stone for global efforts to improve real and effective access to justice. This session will introduce the participants to these multilateral instruments and illustrate their interface with EU instruments in the same area of the law.
Cristina M. Mariottini
16.15Q&A
16.30Conclusions and evaluation
17.00End of the course

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Cross-Border Judicial Cooperation in Civil Matters: Recent Developments From the CJEU

18 Oct 2024
Luxembourg (LU)
Register before: 3 Oct 2024

Simultaneous interpretation can be offered. Contact the programme organizer for more information and conditions.

 850 per attendee
 720 for EIPA members
Early bird ends 23 Aug 2024

Discount policy

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, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Spain, Sweden.

For all other participants, the regular fee applies.

Early bird discount

For a limited number of training courses, EIPA offers an early bird discount.

For more information please contact us.

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Register before: 3 Oct 2024