European Commission publishes long-awaited report on Brussels I-bis Regulation – the backbone of EU private international law

The European Commission has published its long-anticipated Report on the application of the Brussels Ia Regulation (Regulation No 1215/2012, also known as Brussels I-bis). Often referred to as the ‘backbone of EU private international law’, this key legal instrument governs jurisdiction and the recognition and enforcement of judgments in civil and commercial matters across the EU. The Report draws extensively on the main findings of JUDGTRUST project led by Asser Institute researcher Vesna Lazić and the resulting book.

 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.

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The Brussels I-bis Regulation: A key legal instrument for unified EU private international law
The Brussels I-bis Regulation is the core instrument unifying private international law at the European Union level. In a new handbook, Dr Vesna Lazić and the late professor Peter Mankowski provide a comprehensive overview of the revised Regulation, as well as of the case law of the Court of Justice of the European Union (CJEU). They analyse the legal framework of the Regulation and the existing jurisprudence, identify its shortcomings, and suggest methods of improvement. Read more.  

[Call for papers] Emerging voices in private international law
The T.M.C. Asser Instituut is welcoming abstracts for its panel “Emerging Voices in Private International Law”, as part of the Institute’s 60-year anniversary conference on “Adapting private international law in an era of uncertainty”. PhD candidates and postdoctoral researchers are invited to submit a 400-word abstract by 15 August 2025 for the opportunity to present in The Hague on 24 October 2025. Read more.