Which EU Court Can Hear Your Case? Brussels I bis Rules

A seller in Spain has not been paid by a buyer in Germany. An employee who worked in the Netherlands wants to claim against a French employer. A consumer in Italy has a dispute with a business in Poland. A company in Austria is asked whether the court named in its contract is the court that will hear a claim. In each case the first question is not who is right, but which country's court may hear the case. For civil and commercial matters within its scope, Regulation (EU) No 1215/2012 of 12 December 2012, also referred to as Brussels I bis, sets the rules on that question for legal proceedings instituted on or after 10 January 2015. For a defendant who is not domiciled in a Member State, Article 6(1) refers back, subject to the exceptions it names, to the law of the Member State whose courts are seised. Chapter II sets the rules: a general rule based on the defendant's domicile, special rules for contracts, torts and branches, protective rules for insurance, consumers and employees, exclusive grounds, agreements on the court, and rules for parallel proceedings.

This guide is for businesses, employees, consumers and families who find that a dispute involves parties in more than one EU Member State. It follows the text of Regulation (EU) No 1215/2012 of the European Parliament and of the Council (the consolidated text of 26 February 2015, which takes into account the amendments made by Regulation (EU) No 542/2014 and Delegated Regulation (EU) 2015/281) and concentrates on Chapter II, Articles 4 to 35, on jurisdiction. It deals with the question which Member State's courts may hear a case. Which country's law applies to a contract or to an accident is a separate question; see our guides on the law that governs a contract (Rome I) and on accidents and injury claims (Rome II). This is general information on the text of the Regulation and not advice on a particular dispute.

What the Regulation covers and what it leaves out (Articles 1, 66, 67, 71, 73 and 81; recitals 12 and 41)

Under Article 1(1), the Regulation applies in civil and commercial matters whatever the nature of the court or tribunal. It does not extend, in particular, to revenue, customs or administrative matters or to the liability of the State for acts and omissions in the exercise of State authority (acta iure imperii).

Article 1(2) lists matters to which the Regulation does not apply: (a) the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship or out of a relationship deemed by the law applicable to such relationship to have comparable effects to marriage; (b) bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings; (c) social security; (d) arbitration; (e) maintenance obligations arising from a family relationship, parentage, marriage or affinity; and (f) wills and succession, including maintenance obligations arising by reason of death. Other guides on this site are about matters on this list: international divorce, the property of international couples, maintenance claims across EU borders and claims in insolvency proceedings in another EU country.

Arbitration. Article 1(2)(d) excludes arbitration. Recital 12 states that nothing in the Regulation should prevent the courts of a Member State, when seised of an action in a matter in respect of which the parties have entered into an arbitration agreement, from referring the parties to arbitration, from staying or dismissing the proceedings, or from examining whether the arbitration agreement is null and void, inoperative or incapable of being performed, in accordance with their national law. Under Article 73(2), the Regulation does not affect the application of the 1958 New York Convention.

Time. Article 66(1) provides that the Regulation applies only to legal proceedings instituted, to authentic instruments formally drawn up or registered and to court settlements approved or concluded on or after 10 January 2015. Under Article 66(2), Regulation (EC) No 44/2001 continues to apply to judgments given in legal proceedings instituted, to authentic instruments formally drawn up or registered and to court settlements approved or concluded before 10 January 2015 which fall within the scope of that Regulation. Under Article 81, the Regulation applies from 10 January 2015, with the exception of Articles 75 and 76, which apply from 10 January 2014, and is binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Denmark. According to recital 41, Denmark is not taking part in the adoption of the Regulation and is not bound by it or subject to its application, without prejudice to the possibility for Denmark of applying the amendments to Regulation (EC) No 44/2001 pursuant to Article 3 of the Agreement of 19 October 2005 between the European Community and the Kingdom of Denmark. If Denmark is involved in your matter, a lawyer in Denmark can tell you which rules apply there.

Other instruments. Article 67 provides that the Regulation does not prejudice the application of provisions governing jurisdiction and the recognition and enforcement of judgments in specific matters which are contained in instruments of the Union or in national legislation harmonised pursuant to such instruments. Under Article 71(1), it does not affect any conventions to which the Member States are parties and which, in relation to particular matters, govern jurisdiction or the recognition or enforcement of judgments. It is worth checking whether a specific instrument or convention exists for your type of case.

The starting point: where the defendant is domiciled (Articles 4 to 6, 62 and 63; recitals 14 and 15)

The general rule is in Article 4(1): subject to the Regulation, persons domiciled in a Member State shall, whatever their nationality, be sued in the courts of that Member State. Under Article 4(2), persons who are not nationals of the Member State in which they are domiciled are governed by the rules of jurisdiction applicable to nationals of that Member State. Recital 15 states that the rules of jurisdiction should be highly predictable.

Article 5(1) limits the alternatives: persons domiciled in a Member State may be sued in the courts of another Member State only by virtue of the rules set out in Sections 2 to 7 of Chapter II.

How domicile is determined. To decide whether a party is domiciled in the Member State whose courts are seised of the matter, the court applies its internal law (Article 62(1)). If the party is not domiciled there, then, to decide whether the party is domiciled in another Member State, the court applies the law of that Member State (Article 62(2)). For a company or other legal person or association of natural or legal persons, Article 63(1) provides that it is domiciled at the place where it has its statutory seat, its central administration or its principal place of business.

Defendants outside the Member States. Under Article 6(1), if the defendant is not domiciled in a Member State, the jurisdiction of the courts of each Member State is, subject to Article 18(1), Article 21(2) and Articles 24 and 25, determined by the law of that Member State. Recital 14 explains that certain rules of the Regulation apply regardless of the defendant's domicile in order to ensure the protection of consumers and employees, to safeguard the jurisdiction of the courts of the Member States in situations where they have exclusive jurisdiction and to respect the autonomy of the parties.

Türkiye is not a Member State of the European Union. Article 4(1) speaks of persons domiciled in a Member State, and Article 63(1) names three places at which a company is domiciled: its statutory seat, its central administration and its principal place of business. On that wording, a company that has none of the three in a Member State is not domiciled in a Member State, and Article 6(1) is the provision to read for a claim against it, subject to the exceptions named there. This is a reading of the text and not a statement that the Regulation mentions Türkiye; the facts of each case decide which provision applies.

Branch, agency or other establishment in a Member State. Three provisions of Chapter II deal with a party that is not domiciled in a Member State but has a branch, agency or other establishment in one of them. An insurer who is not domiciled in a Member State but has a branch, agency or other establishment in one of the Member States shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that Member State (Article 11(2)). Where a consumer enters into a contract with a party who is not domiciled in a Member State but has a branch, agency or other establishment in one of the Member States, that party shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that Member State (Article 17(2)). Where an employee enters into an individual contract of employment with an employer who is not domiciled in a Member State but has a branch, agency or other establishment in one of the Member States, the employer shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that Member State (Article 20(2)).

Special jurisdiction: contract, tort, branches and other claims (Articles 7 and 8; recital 16)

Article 7 adds alternatives to the general rule. It provides that a person domiciled in a Member State may be sued in another Member State in the cases listed in its points. Recital 16 states that, in addition to the defendant's domicile, there should be alternative grounds of jurisdiction based on a close connection between the court and the action or in order to facilitate the sound administration of justice, and that the existence of a close connection should ensure legal certainty and avoid the possibility of the defendant being sued in a court of a Member State which the defendant could not reasonably have foreseen.

Contract (Article 7(1)). In matters relating to a contract, the defendant may be sued in the courts for the place of performance of the obligation in question (point (a)). For the purpose of that provision and unless otherwise agreed, point (b) defines the place of performance: in the case of the sale of goods, the place in a Member State where, under the contract, the goods were delivered or should have been delivered; in the case of the provision of services, the place in a Member State where, under the contract, the services were provided or should have been provided. If point (b) does not apply, point (a) applies (point (c)).

Tort, delict or quasi-delict (Article 7(2)). In matters relating to tort, delict or quasi-delict, the defendant may be sued in the courts for the place where the harmful event occurred or may occur.

Criminal proceedings and branches (Article 7(3) and (5)). A civil claim for damages or restitution which is based on an act giving rise to criminal proceedings may be brought in the court seised of those proceedings, to the extent that that court has jurisdiction under its own law to entertain civil proceedings (point 3). A dispute arising out of the operations of a branch, agency or other establishment may be brought in the courts for the place where the branch, agency or other establishment is situated (point 5). Article 7 also contains points on the recovery of cultural objects (point 4), on trusts (point 6) and on the salvage of cargo or freight (point 7).

Article 8: further grounds. A person domiciled in a Member State may also be sued: where that person is one of a number of defendants, in the courts for the place where any one of them is domiciled, provided the claims are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings (point 1); as a third party in an action on a warranty or guarantee or in any other third-party proceedings, in the court seised of the original proceedings, unless these were instituted solely with the object of removing that person from the jurisdiction of the court which would be competent in their case (point 2); on a counter-claim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending (point 3); and in matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rights in rem in immovable property, in the court of the Member State in which the property is situated (point 4). Under Article 65(1), the jurisdiction specified in point 2 of Article 8 may be resorted to in the Member States included in the list established by the Commission pursuant to point (b) of Article 76(1) and Article 76(2) only in so far as permitted under national law.

Insurance, consumers and employees: protected parties (Articles 10 to 23; recital 18)

Recital 18 states that, in relation to insurance, consumer and employment contracts, the weaker party should be protected by rules of jurisdiction more favourable to their interests than the general rules. Sections 3, 4 and 5 of Chapter II contain those rules.

Insurance (Articles 10 to 16). In matters relating to insurance, jurisdiction is determined by Section 3, without prejudice to Article 6 and point 5 of Article 7 (Article 10). An insurer domiciled in a Member State may be sued in the courts of the Member State in which it is domiciled; in another Member State, in the case of actions brought by the policyholder, the insured or a beneficiary, in the courts for the place where the claimant is domiciled; or, if it is a co-insurer, in the courts of a Member State in which proceedings are brought against the leading insurer (Article 11(1)). Without prejudice to Article 13(3), an insurer may bring proceedings only in the courts of the Member State in which the defendant is domiciled (Article 14(1)). The Section may be departed from only by an agreement of one of the kinds listed in Article 15. Articles 12, 13 and 16 contain further rules on insurance that are not covered in this guide.

Consumer contracts (Articles 17 to 19). In matters relating to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside that person's trade or profession, jurisdiction is determined by Section 4, without prejudice to Article 6 and point 5 of Article 7, if (a) it is a contract for the sale of goods on instalment credit terms; (b) it is a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or (c) in all other cases, the contract has been concluded with a person who pursues commercial or professional activities in the Member State of the consumer's domicile or, by any means, directs such activities to that Member State or to several States including that Member State, and the contract falls within the scope of such activities (Article 17(1)). Under Article 17(3), the Section does not apply to a contract of transport other than a contract which, for an inclusive price, provides for a combination of travel and accommodation.

Under Article 18(1), a consumer may bring proceedings against the other party to a contract either in the courts of the Member State in which that party is domiciled or, regardless of the domicile of the other party, in the courts for the place where the consumer is domiciled. Under Article 18(2), proceedings may be brought against a consumer by the other party to the contract only in the courts of the Member State in which the consumer is domiciled. Under Article 19, the Section may be departed from only by an agreement of one of the three kinds listed there, the first of which is an agreement entered into after the dispute has arisen.

Individual contracts of employment (Articles 20 to 23). In matters relating to individual contracts of employment, jurisdiction is determined by Section 5, without prejudice to Article 6, point 5 of Article 7 and, in the case of proceedings brought against an employer, point 1 of Article 8 (Article 20(1)). An employer domiciled in a Member State may be sued in the courts of the Member State in which it is domiciled, or in another Member State in the courts for the place where or from where the employee habitually carries out their work or in the courts for the last place where they did so, or, if the employee does not or did not habitually carry out their work in any one country, in the courts for the place where the business which engaged the employee is or was situated (Article 21(1)). Under Article 21(2), an employer not domiciled in a Member State may be sued in a court of a Member State in accordance with point (b) of paragraph 1.

An employer may bring proceedings only in the courts of the Member State in which the employee is domiciled (Article 22(1)). Under Article 23, the Section may be departed from only by an agreement which is entered into after the dispute has arisen or which allows the employee to bring proceedings in courts other than those indicated in the Section.

Exclusive jurisdiction and what the court examines itself (Articles 24, 27 and 28)

Article 24 lists the cases in which the courts of a Member State have exclusive jurisdiction, regardless of the domicile of the parties.

Immovable property (point 1). In proceedings which have as their object rights in rem in immovable property or tenancies of immovable property, the courts of the Member State in which the property is situated have exclusive jurisdiction. However, in proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts of the Member State in which the defendant is domiciled also have jurisdiction, provided that the tenant is a natural person and that the landlord and the tenant are domiciled in the same Member State.

Companies and public registers (points 2 and 3). In proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, or the validity of the decisions of their organs, the courts of the Member State in which the company, legal person or association has its seat have exclusive jurisdiction; to determine that seat, the court applies its rules of private international law. In proceedings which have as their object the validity of entries in public registers, the courts of the Member State in which the register is kept have exclusive jurisdiction.

Registered intellectual property rights and enforcement (points 4 and 5). In proceedings concerned with the registration or validity of patents, trade marks, designs, or other similar rights required to be deposited or registered, irrespective of whether the issue is raised by way of an action or as a defence, the courts of the Member State in which the deposit or registration has been applied for, has taken place or is under the terms of an instrument of the Union or an international convention deemed to have taken place have exclusive jurisdiction. The same point contains a further rule on European patents granted for a Member State. In proceedings concerned with the enforcement of judgments, the courts of the Member State in which the judgment has been or is to be enforced have exclusive jurisdiction.

The court examines this itself. Under Article 27, where a court of a Member State is seised of a claim which is principally concerned with a matter over which the courts of another Member State have exclusive jurisdiction by virtue of Article 24, it shall declare of its own motion that it has no jurisdiction. Under Article 28(1), where a defendant domiciled in one Member State is sued in a court of another Member State and does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction unless its jurisdiction is derived from the provisions of the Regulation. Under Article 28(2), the court shall stay the proceedings so long as it is not shown that the defendant has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable them to arrange for their defence, or that all necessary steps have been taken to this end; under paragraph 3, Article 19 of Regulation (EC) No 1393/2007 applies instead of paragraph 2 if the document instituting the proceedings or an equivalent document had to be transmitted from one Member State to another pursuant to that Regulation, and under paragraph 4, where that Regulation is not applicable, Article 15 of the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters applies if the document instituting the proceedings or an equivalent document had to be transmitted abroad pursuant to that Convention. Our guide on being served with court papers from another EU country covers the EU rules on service of documents.

Choosing the court by agreement or by appearing (Articles 25 and 26; recital 20)

Under Article 25(1), if the parties, regardless of their domicile, have agreed that a court or the courts of a Member State are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court or those courts have jurisdiction, unless the agreement is null and void as to its substantive validity under the law of that Member State. Such jurisdiction is exclusive unless the parties have agreed otherwise.

Form. The agreement conferring jurisdiction has to be either (a) in writing or evidenced in writing; (b) in a form which accords with practices which the parties have established between themselves; or (c) in international trade or commerce, in a form which accords with a usage of which the parties are or ought to have been aware and which in such trade or commerce is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade or commerce concerned. Any communication by electronic means which provides a durable record of the agreement is equivalent to ‘writing’ (Article 25(2)).

Independence from the contract. An agreement conferring jurisdiction which forms part of a contract is treated as an agreement independent of the other terms of the contract, and its validity cannot be contested solely on the ground that the contract is not valid (Article 25(5)). Recital 20 provides that where a question arises as to whether a choice-of-court agreement in favour of a court or the courts of a Member State is null and void as to its substantive validity, that question should be decided in accordance with the law of the Member State of the court or courts designated in the agreement, including the conflict-of-laws rules of that Member State.

Limits. Under Article 25(4), agreements or provisions of a trust instrument conferring jurisdiction have no legal force if they are contrary to Articles 15, 19 or 23, which are the provisions on departing from the rules for insurance, consumer and employment contracts described above, or if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of Article 24.

Entering an appearance (Article 26). Apart from jurisdiction derived from other provisions of the Regulation, a court of a Member State before which a defendant enters an appearance has jurisdiction. This rule does not apply where the appearance was entered to contest the jurisdiction, or where another court has exclusive jurisdiction by virtue of Article 24 (Article 26(1)). In matters referred to in Sections 3, 4 or 5 where the policyholder, the insured, a beneficiary of the insurance contract, the injured party, the consumer or the employee is the defendant, the court shall, before assuming jurisdiction under paragraph 1, ensure that the defendant is informed of their right to contest the jurisdiction of the court and of the consequences of entering or not entering an appearance (Article 26(2)).

Parallel proceedings: which court goes first (Articles 29 to 34; recital 21)

Recital 21 states that it is necessary to minimise the possibility of concurrent proceedings and to ensure that irreconcilable judgments will not be given in different Member States, and that the time when a case is regarded as pending should be defined autonomously for the purposes of the Regulation.

Same cause of action, same parties (Article 29). Without prejudice to Article 31(2), where proceedings involving the same cause of action and between the same parties are brought in the courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established (Article 29(1)). Where the jurisdiction of the court first seised is established, any court other than the court first seised shall decline jurisdiction in favour of that court (Article 29(3)).

When a court is seised (Article 32). A court is deemed to be seised at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the claimant has not subsequently failed to take the steps required to have service effected on the defendant; or, if the document has to be served before being lodged with the court, at the time when it is received by the authority responsible for service, provided that the claimant has not subsequently failed to take the steps required to have the document lodged with the court (Article 32(1)). The court, or the authority responsible for service, notes the date of the lodging or of the receipt of the documents to be served (Article 32(2)).

Related actions (Article 30). Where related actions are pending in the courts of different Member States, any court other than the court first seised may stay its proceedings (Article 30(1)). Where the action in the court first seised is pending at first instance, any other court may also, on the application of one of the parties, decline jurisdiction if the court first seised has jurisdiction over the actions in question and its law permits the consolidation thereof (Article 30(2)). Actions are deemed to be related where they are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings (Article 30(3)).

Exclusive jurisdiction and choice-of-court agreements (Article 31). Where actions come within the exclusive jurisdiction of several courts, any court other than the court first seised shall decline jurisdiction in favour of that court (Article 31(1)). Without prejudice to Article 26, where a court of a Member State on which an agreement as referred to in Article 25 confers exclusive jurisdiction is seised, any court of another Member State shall stay the proceedings until such time as the court seised on the basis of the agreement declares that it has no jurisdiction under the agreement (Article 31(2)). Where the court designated in the agreement has established jurisdiction in accordance with the agreement, any court of another Member State shall decline jurisdiction in favour of that court (Article 31(3)).

Paragraphs 2 and 3 of Article 31 do not apply to matters referred to in Sections 3, 4 or 5 where the policyholder, the insured, a beneficiary of the insurance contract, the injured party, the consumer or the employee is the claimant and the agreement is not valid under a provision contained within those Sections (Article 31(4)).

Proceedings in a non-Member State (Articles 33 and 34). Where jurisdiction is based on Article 4 or on Articles 7, 8 or 9, Article 33 allows a court of a Member State to stay its proceedings if proceedings involving the same cause of action and between the same parties are pending before a court of a third State, and Article 34 allows it to do so where an action related to its own is pending before a court of a third State, in each case only in the conditions those Articles set out.

Urgent measures, and what happens after the judgment (Articles 35, 36 and 39)

Under Article 35, application may be made to the courts of a Member State for such provisional, including protective, measures as may be available under the law of that Member State, even if the courts of another Member State have jurisdiction as to the substance of the matter. For the freezing of a bank account in another EU country, see our guide on the European Account Preservation Order.

Chapter III of the Regulation deals with the step after the judgment. Under Article 36(1), a judgment given in a Member State is recognised in the other Member States without any special procedure being required. Under Article 39, a judgment given in a Member State which is enforceable in that Member State is enforceable in the other Member States without any declaration of enforceability being required. The grounds for refusal, the documents to be produced and the enforcement procedure are not covered here; our guide on enforcing a foreign court judgment in another country is a starting point.

Practical steps before you start a case or answer a claim

1. Check the matter and the date. Is it a civil or commercial matter (Article 1(1)) and not one of the matters excluded by Article 1(2)? Were the legal proceedings instituted on or after 10 January 2015 (Article 66(1))?

2. Find the defendant's domicile. For a company, look at the statutory seat, the central administration and the principal place of business (Article 63(1)). If the defendant is domiciled in a Member State, Article 4(1) is the starting point and a court in another Member State needs a ground in Sections 2 to 7 (Article 5(1)). If the defendant is not domiciled in a Member State, Article 6 applies, with the exceptions it names.

3. Look for a choice-of-court agreement. Check the contract and any earlier dealings for a clause naming a court of a Member State, and check the form requirements in Article 25(1) and (2). If the matter concerns insurance, a consumer or an employee, check Articles 15, 19 and 23 as well (Article 25(4)).

4. Check Article 24. Does the case have as its object immovable property, the validity of the constitution or the dissolution of a company, the validity of entries in a public register, the registration or validity of a patent, trade mark, design or similar right, or the enforcement of a judgment? If so, read the point of Article 24 concerned: the courts it names have exclusive jurisdiction.

5. Look at the special grounds. Article 7 (contract, tort, branch), Article 8 (several defendants, third parties, counter-claims) and, for a consumer or an employee, Sections 4 and 5.

6. Check whether the same dispute is already pending elsewhere. Articles 29 to 32 contain the rules on parallel proceedings, including the time when a court is seised (Article 32).

7. If you are the defendant in another Member State. Entering an appearance can give a court jurisdiction, but not where the appearance is entered to contest the jurisdiction or where another court has exclusive jurisdiction under Article 24 (Article 26(1)). Speak to a lawyer in that country before you respond.

8. Is the matter urgent? See Article 35 on provisional, including protective, measures.

9. Plan for the judgment. A judgment from one Member State is recognised in the others without any special procedure (Article 36(1)); the enforcement steps are in Chapter III. The Regulation deals with jurisdiction and with recognition and enforcement; the law that applies to the dispute is a separate question. Brisamo helps you find a litigation lawyer in the relevant country.

Frequently asked questions

Brisamo editorial · General information, not legal advice. This guide is general information. For advice on your situation, get matched with a firm — free. How we research and verify these guides · Find a litigation lawyer →