Jurisdiction Over Non-EU Defendants
The third project of the EAPIL Young Research Network focused on the national rules on jurisdiction in civil and commercial matters over non-EU defendants. Despite the undeniable success of the Brussels Ia Regulation as an instrument of judicial cooperation in civil matters, its jurisdictional rules only apply if the defendant is domiciled in an EU Member State or if the court of an EU Member State has special or exclusive jurisdiction pursuant to Articles 18(1), 21(2), 24, or 25. In all other cases, the Regulation defers to the national laws of the Member States pursuant to Article 6(1). Yet, the drafters of the Brussels Ia Regulation clearly anticipated its possible extension. According to its Article 79, the Commission was expected to present a report on the application of the Regulation by 11 January 2022, which “shall include an evaluation of the possible need for a further extension of the rules on jurisdiction to defendants not domiciled in a Member State, taking into account the operation of this Regulation and possible developments at international level.” Against this background, and with the Commission Report now expected for 2023 at the earlierst, the EAPIL Young Research Network conducted this research project in order to identify the similarities and differences between the Member States' national rules on international jurisdiction that would be replaced by the Regulation if it were extended.
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The project involved 23 researchers from 17 Member States. It found its formal conclusion with the publication of a comprehensive volume in May 2023, which contains all national reports as well as a comparative report and several external contributions.
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Timeline
- November 2023: Workshop La giurisdizione nei confronti dei convenuti non domiciliati nell’UE: studio e metodologia at the University of Turin
- May 2023: Publication of the Conference Volume and presentation at the conference L’estensione dei titoli giurisdizionali del Regolamento Bruxelles Ibis ai convenuti non domiciliate nell’UE at the University of Turin
- November 2022: Presentation and discussion of the Comparative Report with legal officers from the European Commission
- May 2022: Official presentation of the Comparative Report at a dedicated international conference in Dubrovnik hosted by the University of Zagreb
- March 2022: Presentation of the first draft of the Comparative Report at the Max Planck Institute for Comparative and International Private Law in Hamburg
- January 2022: Completion of the first drafts of the national reports
- October 2021: Online Workshop hosted by the Institute for Private International Law of the University of Cologne
- June 2021: Call for Participants
Publications
- Lutzi/Wilke, Brüssel Ia extendenda est? Zur Zukunft der internationalen Zust?ndigkeit deutscher Gerichte in Zivil- und Handelssachen nach Ausweitung der EuGVVO, RabelsZ 86 (2022), 841–875
- Poesen, Civil Litigation Against Third-Country Defendants in the EU: Effective Access to Justice as a Rationale for European Harmonization of the Law of International Jurisdiction, 59 (2022) CMLR, 1597–1632
Participants
Project Heads
- Tobias Lutzi (University of Augsburg)
- Ennio Piovesani (University of Turin)
- Dora Zgrablji? Rotar (University of Zagreb)
National Reporters
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Ivan Allegranti (University of Camerino)
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Tess Bens (Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law)
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Katarzyna Bogdziewicz (Mykolas Romeris University)
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María Asunción Cebrián Salvat (University of Murcia)
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Stefano Dominelli (University of Genoa)
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Paul Eichmüller (University of Vienna)
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Aleksandrs Fillers (Riga Graduate School of Law)
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Tena Ho?ko (University of Zagreb)
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Lydia Lundstedt (Stockholm University)
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Vassiliki Marazopoulou (National and Kapodistrian University of Athens)
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Giedrius O?iūnas (Mykolas Romeris University)
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Phuong Thao Phan (Universities of Lorraine and Turin)
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Michiel Poesen (University of Aberdeen)
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Ioannis Revolidis (University of Malta)
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Konstantinos Rokas (University of Nicosia)
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Anna Maria Ruiz Martín (Geneva Business School and at the Open University of Catalonia)
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Dafina Dimitrova Sarbinova (Sofia University “St. Kliment Ohridski”)
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Benjamin Saunier (University Paris 2 Panthéon-Assas)
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Ferenc Szilágyi (Pázmány Péter Catholic University)
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Felix M. Wilke (University of Bayreuth)
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Anna Wysocka-Bar (Jagiellonian University in Kraków)
External Contributors
- Ronald A. Brand (University of Pittsburgh)
- Michal Bobek (European Court of Justice)
- Marko Jovanovi? (University of Belgrade)
- Margherita Salvadori (University of Turin)
- Johannes Ungerer (University of Oxford)
- Ning Zhao (Hague Conference on Private International Law)
Further Information
Sponsors
