Jurisdiction

This subtopic considers the jurisdiction elements of Regulation (EU) 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (Brussels I (recast)). The precursor to Brussels I (recast) was Regulation (EC) 44/2001 and the two regulations together, with the Brussels Convention, are known as the Brussels Regime. The Brussels regime applies between EU Member States with the exception of Denmark which is party to a separate agreement. On 10 January 2015, Brussels I was repealed in its entirety, subject to transitional provisions. However, given the passage of time jurisdictional issues are no longer determined under Brussels I.

Brussels I (recast)

Practice Notes

  1. Brussels I (recast)—application and exclusions considers Brussels I (recast) and what matters it will be applied to, as well as what specific matters that are excluded by are set out in the regulation as being excluded. It sets out transitional arrangements, international requirements and what constitutes civil and commercial matters. It also sets out what is excluded by the regulation and how to deal with state immunity

  2. Brussels I (recast)—domicile considers the different articles set out in Brussels I (recast)

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Commission launches consultation to revise the EU Cybersecurity Act and strengthen the EU cybersecurity framework

The European Commission launched a call for evidence to support the preparation of a legislative proposal to revise the EU Cybersecurity Act. The initiative aims to strengthen EU cyber resilience, update the mandate of the EU Agency for Cybersecurity (ENISA) and improve the effectiveness of the European Cybersecurity Certification Framework. The Commission noted that the cybersecurity landscape has become significantly more complex and threat‑intensive since the Act’s adoption in 2019, while subsequent EU legislation has expanded ENISA’s tasks beyond its original mandate, creating the need to streamline, simplify and supplement the existing framework to ensure coherence, reduce administrative burdens and improve implementation for businesses and users. The initiative focuses on measures to support a secure and resilient Information and Communication Technology supply chain and the EU cybersecurity industrial base, addresses shortcomings in the certification framework such as slow adoption, unclear roles, limited agility and insufficient clarity on covered risks, including non‑technical factors, and considers alignment with newer instruments such as the Cyber Resilience Act. The Commission outlined policy options ranging from non‑legislative measures to targeted or comprehensive regulatory revision, stating that EU‑level action is required to prevent internal market fragmentation and to secure long‑term economic and social benefits through greater harmonisation, stronger cybersecurity and resilience, more efficient incident response and enhanced protection of fundamental rights, including personal data. The call for evidence will run until 20 June 2025.

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