EU Procedural Law Study: Mutual Trust General Report published by European Commission

28 September 2017

Today, the first strand of the Max Planck Luxembourg procedural law study has been published by the European Commission on the EU Law and Publications portal. The study is the most comprehensive, empirically-driven comparative investigation of civil procedure in Europe to date. Building on an extensive dataset comprising hundreds of interviews and responses to a multi-language online survey, the Report offers an exhaustive overview of the similarities and differences of civil procedure in all EU Member States, and their impact on the recognition and enforcement of judgments. The Report will be of interest for all practitioners, academics and policymakers with a focus on judicial cooperation and civil justice.

The study is the result of a collective effort coordinated by the Max Planck Institute Luxembourg and involving a high-profile Consortium of European Universities and academics, conducting an in-depth comparative evaluation study of national procedural laws and practices. The study proceeds in two strands: the first strand considers the effect of divergences in national procedural laws on mutual trust and the free circulation of judgments, while the second one analyses the impact of the same factors on the equivalence and effectiveness of the procedural protection of consumers under EU consumer law.

The Report, edited by Prof. Burkhard Hess, comprises five Chapters. Chapter 1, authored by Prof. Fernando Gascón Inchausti (Complutense University Madrid) and Prof. Marta Requejo Isidro (Max Planck Institute Luxembourg) provides an extensive overview of the typical development of a cross-border case at the first instance. Chapter 2, authored by Prof. Paul Oberhammer and his team (University of Vienna), deals with the scenario of default proceedings and judgments. Chapter 3, authored by Prof. Gilles Cuniberti (University of Luxembourg) and Prof. Eva Storskrubb (University of Uppsala) addresses provisional measures. Chapter 4, authored by Prof. Christoph Kern (Heidelberg University) and Prof. Karol Weitz (University of Warsaw and Polish Supreme Civil Court) analyses appellate proceedings. Finally Chapter 5, authored by Prof. Xandra Kramer (Erasmus University Rotterdam), considers the specific instruments of EU procedural law.

The study can be accessed and downloaded free of charge at this URL:

The General Reporters and the National Reporters are currently working on an extended version of their drafts, which will be published in book form.