The Reform of the Brussels Ibis Regulation - Academic Position Paper

Abstract

This Academic Position Paper presents the final results of the Brussels Ibis Reform project. The project commenced in 2021 with a Working Group set up within the network of the EAPIL. The input provided by the Members of the Working Group laid the basis for a conference organised by the former MPI Luxembourg and KU Leuven, which took place in September 2022. An MPI Luxembourg Working Paper, which contained 32 different proposals for the reform of the Brussels Ibis Regulation based on the findings of the conference, was made available in November 2022. In the first half of 2023, the members of the EAPIL Working Group were invited to respond to an expert survey and express their opinion on the proposals. The general academic public and other stakeholders were invited to respond to these proposals in an open survey. The results of the surveys were processed in a Vienna Working Paper that was finalised in March 2024. The amended proposals were discussed at a conference at the University of Vienna in April 2024.

The paper comprises five parts that cover the role and scope of the Brussels Ibis Regulation, collective redress, third-state relations, jurisdiction and pendency, as well as recognition and enforcement. Each part covers distinct issues identified at the 2022 Luxembourg conference and formulates specific proposals to resolve them. The background of each proposal is briefly explained, before discussing the feedback received through the online surveys and during the 2024 Vienna Conference. The amended proposals presented in this Academic Position Paper provide a solid set of recommendations to consider in recasting the Brussels Ibis Regulation.

Keywords: European Civil Procedural Law, Regulation 1215/2012, Brussels Ibis Regulation, Brussels Ibis Recast, Brussels Ibis Reform, Judicial Cooperation Post-Brexit, Third State Relationships, Cross-Border Collective Redress, Specific Jurisdiction Based on Contract and Tort, Forum Necessitatis, Recognition and Enforcement