THE BRUSSELS Ibis REFORM

International Conference

Friday, 9 September 2022, 8:30 am - 4:30 pm (CEST)

The Regulation (EU) 1215/2012 is the fundamental reference-instrument of cross-border judicial cooperation in civil matters within the European Union. It provides rules on jurisdiction, pendency, recognition, and enforcement of judgments and other enforceable titles. Since its establishment in 1968, it has been a constantly evolving instrument. At present, the European Commission is required to present a report on the application of the Regulation and to propose improvements.

Against this background, a Working Group was set up within the network of the European Association of Private International Law (EAPIL) to draft a position paper. The group is led by Burkhard Hess (Luxembourg) and Geert van Calster (Leuven). Members of the working group answered a questionnaire, reporting the application and possible shortcomings of the Brussels Ibis Regulation in their respective jurisdictions.

The topics of the upcoming international conference are based on the 19 reports we received from 16 working group members and 3 observers. Many of the reporters will have the opportunity to take up issues they indicated as important. Additional experts will present topics ranging from insolvency proceedings to third state relationships. Most importantly, the conference will provide a forum for all attendees to discuss the application of the Brussels Ibis Regulation up until now and the need for future improvements. The aim of the conference is to prepare a position paper.

The paper will be presented to the European Commission to advise it on the evaluation process.

The conference is organised in collaboration with the European Association of Private International Law and the KU Leuven.

Hybrid Event

Venue: The event is taking place at the premises of the MPI Luxembourg. Digital participation is possible. Registration is on a first come, first served basis.

Language: The conference will be held in English.

Registration is closed.

Programme

08:30

Registration and Welcome Coffee

08:45

Welcome and Introduction

Gilles Cuniberti, Andreas Stein,

Burkhard Hess , and Geert van Calster

 

Panel 1: The Role and Scope of the Brussels Ibis Regulation in European Procedural Law

Chair : Marie-Élodie Ancel

09:15

Dario Moura Vicente :

The Role of the Regulation as a General Reference Instrument

Björn Laukemann :

Insolvency Proceedings

 

Vesna Lazić :

The arbitration exception (C-700/20, London Steam-Ship Owners’ Mutual Insurance Association)

09:45

Discussion

 

Panel 2: The Brussels Ibis Regulation and Collective Redress

Chair : Burkhard Hess

10:15

François Mailhé :

What needs to be done with regard to the Directive (EU) 2020/1828?

Stefaan Voet :

Collective redress under national law and the Regulation

 

Camelia Toader :

The application of specific heads of jurisdiction to collective redress; determining the moment of pendency

10:45

Discussion

 

Panel 3: Third States Relationships

Chair : Thalia Kruger

11:45

Chrysoula Michailidou :

Residual Heads of Jurisdiction

Alexander Layton QC :

The operation of Articles 33 and 34

Matthias Weller :

Enforcing judgments from third states

12:15

Discussion

 

Panel 4: Jurisdiction and Pendency – Concrete Reform Proposals

Chair : Geert van Calster

14:00

Krzysztof Pacula :

Article 7 no. 1 and no. 2: How to end an endless discussion?

Marta Requejo Isidro :

Articles 25 and 31 – a working concept?

 

Viktória Harsági :

Commerzbank (C-296/20) – balancing consumer protection with foreseeability

 

Burkhard Hess :

Reforming Article 35 after Toto (C-581/20)

14:40

Discussion

 

Panel 5: Recognition and Enforcement

Chair : Enrique Vallines

15:10

Gilles Cuniberti :

Giving up Article 43?

Vesna Rijavec :

Refining Article 45(1) lit. c) and d)

 

Marco Buzzoni :

Adaptation of enforcement titles (Article 54) and other procedural issues

15:40

Discussion

16:10

Farewell and Perspectives

Burkhard Hess and Geert van Calster