The new IBA EU Judicial Cooperation Subcommittee – first year in review and plans ahead

Ilona Karppinen 
Castrén & Snellman Attorneys Ltd, Helsinki     
ilona.karppinen@castren.fi

Alexander Hansebout
Altius, Brussels
alexander.hansebout@altius.com

Stefano Modenesi
DLA Piper, Milan
stefano.modenesi@dlapiper.com    

Following the dedicated efforts of former Co-Chairs Carlo Portadino and Chris Helmer, year 2025 marked an exciting milestone for the IBA Litigation Committee with the launch of the new EU Judicial Cooperation Subcommittee. We had the great honour of being nominated as its first three officers – Alexander Hansebout as Chair, Ilona Karpinen as Vice-Chair and Stefano Modenesi as Secretary.

The EU Judicial Cooperation Subcommittee aims to promote the resolution of cross-border disputes within the European Union. Our main focus is on facilitating the exchange of ideas on legal and practical issues that arise when litigating in an EU-wide context. The subcommittee thus covers a range of topics, including jurisdictional issues, service of documents, taking of evidence, and enforcement of judgments, to name but a few.

The EU Judicial Cooperation Subcommittee opened its inaugural year of 2025 with two highlight events, both exploring timely issues related to the ongoing review of Brussels I Recast Regulation (Regulation (EU) No 1215/2012¹)².

The first key event was a session on conflicts of jurisdiction in cross-border non-contractual disputes, chaired by Ilona Karppinen at the 5th IBA Litigation Committee Conference on Private International Law in Milan, Italy. 

The session discussed the classic topic of finding the right forum for non-contractual disputes involving several jurisdictions, but with a fresh perspective of recent developments and novel issues. The panel introduced the critical aspects of jurisdiction under the Brussels I Recast Regulation in cross-border non-contractual disputes, while also exploring particular post-Brexit issues arising out of the UK common law approach. Based upon this general framework, the distinguished speakers focused on jurisdictional issues particularly arising out of antitrust damages, product liability, defamation and privacy claims, financial tort claims, and illicit gambling, and offered valuable insight into tackling them.

The second main event was held at the occasion of the IBA Annual Conference 2025 in Toronto, Canada. There, Alexander Hansebout and Stefano Modenesi moderated a session on EU jurisdiction over non-EU defendants. The session discussed the future revisions to Brussels I Recast Regulation and cases where EU courts assumed jurisdiction over non-EU domiciled defendants. 

The panel considered whether the Brussels I Recast Regulation, by permitting EU-domiciled claimants to rely on exorbitant national jurisdiction rules against non-EU defendants, gives rise to indirect discrimination. In the post-Brexit context, particular attention was devoted to asymmetric jurisdiction clauses and their treatment under English common law, the Brussels I Recast Regulation, and the Hague Judgments Convention³, with specific reference to the Lastre case⁴ before the French and European courts. A comparative perspective was offered by the Canadian federal system, where defendants may be treated differently depending on the province in which proceedings are brought. 

Following a successful first year, the EU Judicial Cooperation Subcommittee looks ahead to an ambitious agenda for 2026. Pending final confirmations, we are hopeful to be able to organise at least one joint event with the Arbitration Committee on a topic closely related to intra-EU litigation. 

The EU Judicial Cooperation Subcommittee’s continued success, however, rests on the collaboration with our fellow Litigation Committee members. We warmly invite you to share your ideas — whether on practical challenges in cross-border EU litigation or emerging legal developments in the field — by getting in touch with any of the Subcommittee's officers. We remain committed to fostering meaningful dialogue on these issues in an effort to promote judicial cooperation across the EU.

Notes

1.  Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recogni-tion and enforcement of judgments in civil and commercial matters (recast). 
2.  Report from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the Application of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), Brussels, 2.6.2025, COM (2025) 268 final. Available at https://ec.europa.eu/transparency/documents-register/detail?ref=COM(2025)268&lang=en.
3. Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. 
4. Judgment of the Court of Justice of the European Union of 27 February 2025 in case C-537/23 Società Italiana Lastre SpA (SIL) v Agora SARL following a request for a preliminary ruling from the Cour de Cassation (France).