Document Type

Book Chapter

Book Authors/Editors

Tobias Lutzi, Ennio Piovesani & Dora Zgrabljic Rotar



Publication Date



When the original EU Brussels I Regulation on Jurisdiction and the Recognition of Judgments was “recast” in 2011, the Commission recommended that the application of its direct jurisdiction rules apply to all defendants in Member State courts, and not just to defendants from other Member States. This approach was not adopted, but set for reconsideration through Article 79 of the Brussels I (Recast) Regulation, which requires that the European Commission report in 2022 on the possible application of the direct jurisdiction rules of the Regulation to all defendants. Without such a change, the Recast Regulation continues to allow each Member State to discriminate by applying otherwise prohibited bases of jurisdiction to cases involving non-EU defendants. In this article I consider developments both within and outside of Europe in the law of jurisdiction and the recognition of foreign judgments in order to determine whether matters have changed in ways that might justify a different rule today than was retained in 2012. In doing so, I provide thoughts about whether any EU changes in this regard should come internally by Regulation, or externally through multilateral treaty negotiations.