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Ref. Ares(2022)2674207 - 07/04/2022 EUROPEAN COMMISSION DIRECTORATE-GENERAL JUSTICE and CONSUMERS Directorate A: Civil and commercial justice Unit A.1 : Civil justice Brussels, JUST/A1/MG/im/(2022)2874505 TO WHOM IT MAY CONCERN Subject: Study to support the preparation of a Report on the application of Regulation (EU) No. 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Ia Regulation) Dear Madam, Dear Sir, Milieu Consulting, an independent consulting firm, is carrying a study commissioned by the Directorate-General for Justice and Consumers of the European Commission. The overall aim of the study is to provide the Commission with evidence and analysis in order to assist it in preparation of a report on the application of the Brussels Ia Regulation, a key EU instrument in the civil and commercial law area. A thorough analysis of the application of the Brussels Ia Regulation in the Member States should enable the Commission to determine in particular whether the rules laid down in the Regulation are being applied correctly and to identify the specific difficulties encountered in practice. The representatives of Milieu Consulting and a team of national experts coordinated by Milieu will gather information and views of stakeholders on application of Brussels Ia Regulation by means of a survey and interviews. To ensure the success of the study, I would be most grateful if you could provide Milieu Consulting and its national experts with all assistance needed to carry out the study successfully. Mr Michal Gondek, legal and policy officer at the Civil Justice Unit, who oversees this study on behalf of the European Commission, is available to respond to any questions you may have in relation to the study (e-mail: [email protected], tel: +32-2-2988004). I thank you in advance for your cooperation. Yours faithfully, Andreas Stein Head of Unit (e-signed) ElectronicallyCommission signed on 07/04/2022 14:03 (UTC+02) européenne, in accordance 1049 Bruxelles, with Article BELGIQUE - Tél. 11 +32of Commission 22991111 Decision (EU) 2021/2121 Bureau: MO59 2/75 - Tél. ligne directe +32 229-56567 - Fax +32 229-96457; [email protected]  Technical survey on the application of the Brussels Ia Regulation Fields marked with * are mandatory. About the survey This survey is part of the project Study to support the preparation of a report on the application of Regulation (EU) No. 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Ia Regulation), carried out by Milieu Consulting SRL for the European C o m m i s s i o n . Aim of the study The overall aim of the study is to provide solid evidence and analysis of legal and practical issues to assist the European Commission in preparing a report to the European Parliament, the Council and the European Economic and Social Committee on the application of the Brussels Ia Regulation. To this end, the study will analyse the application of the Brussels Ia Regulation in the Member States and identify the main legal difficulties and practical challenges encountered in practice. It will also analyse how recent socio- economic changes may pose challenges to the Brussels Ia Regulation’s rules, well-established terms, and connecting factors, and assess the interaction of the Brussels Ia Regulation with relevant EU and international instruments in sectors covered by the Regulation or on private international law. Based on this work, the study will propose appropriate solutions to improve the Regulation. Please see attached accreditation letter from the European Commission. Target group and dissemination This targeted survey aims to gather detailed quantitative and qualitative information on the application of the Brussels Ia Regulation in Member States. It consists of two questionnaires addressed to two types of stakeholders: Legal practitioners (i.e., judges; lawyers; notaries; bailiffs), academia (i.e., scholars in private international law and relevant sectors, such as consumer protection or business and human rights), 1  and national authorities (i.e., ministries of justice, ministries in charge with consumer protection, ministries of economy) in each Member State; Litigants (i.e., businesses and individuals) or their representatives (e.g., consumer protection organisations), and organisations working on subject-matters falling within the scope of the Brussels Ia Regulation and with knowledge and experience of its application (e.g., business organisations; business and human rights NGOs) To disseminate the survey to these target groups, we have asked for the support of national associations and networks of legal practitioners and of the European Judicial Network in Civil and Commercial Matters (EJN) to share it with their networks. The project team also did a mapping of publicly available contact details and the European Commission is supporting the dissemination to national authorities. If you received this survey, your contact details have been identified either from publicly available sources or through the intermediary of the bodies mentioned above. Instructions for completing the survey Questions marked with a red asterisk are mandatory. This survey is in English; however, answers can be provided in any of the official EU languages. You may interrupt your session at any time and continue answering at a later stage by clicking ‘Save draft’. If you do so, please remember to save the link to your answers as this is the only way to access them. Once you have submitted your answers online, you will be able to download a copy of the completed questionnaire. We kindly ask you to fill in the questionnaire by 22 May 2022 . Privacy Statement and confidentiality When completing this survey, you may want to share some of your personal data with us, such as your name, contact details, position, the organisation you work for, as well as your personal views and opinions. Please be reassured that any personal data you provide will be treated in conformity with Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data and, where applicable, with Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement o f s u c h d a t a ( G D P R ) . Any personal data you provide when responding to this survey will be used solely for the purposes of conducting the study. For more information on the processing of your personal data, please see the specifi c Privacy Statement attached to this survey (please see section ‘background documents’ on the right of y o u r s c r e e n ) . Concerning the confidentiality of your responses, please note that your answers will be treated as confidential and shared with the European Commission only. Moreover, your responses may be used in the study and published anonymously. Please be mindful not to include information in the open text questions that could lead to the identification of your organisation or yourself. Please note that your answers may be subject to a request for public access to documents under Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council 2 and Commission documents. If you have any questions, please do not hesitate to contact the project team at [email protected]. Thank you very much for your valuable contribution! By checking this box, I confirm that I have read the specific Privacy Statement and agree with the processing of my personal data for the purposes stated therein. Glossary - Artificial intelligence Artificial intelligence refers to the ability of a digital computer or computer-controlled robot to perform tasks commonly associated with intelligent beings. The Proposal for a Regulation laying down harmonised rules on artificial intelligence defines ‘artificial intelligence system’ as ‘software that is developed with one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact with’. - Brussels I Regulation Refers to Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. - Brussels Ia Regulation Brussels Ia Regulation refers to 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. It is also known as Brussels Ibis Regulation. It applies from 10 January 2015. - Business and human rights lawsuit A business and human rights lawsuit is a lawsuit that arises from the civil liability of one or more companies in a corporate group (e.g., parent company; subsidiary) or of a contracting company and its subcontractors and/or suppliers for human rights abuses or environmental harm that occurred outside the EU. - C l o u d c o m p u t i n g Cloud computing means accessing computer capacity and programming facilities online or ‘in the cloud’. It can be understood as the storing, processing and use of data on remotely located computers accessed over the internet. - C o u r t s e t t l e m e n t Article 2(b) of the Brussels Ia Regulation defines ‘court settlement’ as ‘a settlement which has been 3 approved by a court of a Member State or concluded before a court of a Member State in the course of p r o c e e d i n g s ’ . - Cultural object Article 7(4) of Brussels Ia Regulation refers to a ‘cultural object’ as defined in Article 1(1) of Council Directive 93/7/EEC of 15 March 1993 on the return of cultural objects unlawfully removed from the territory of a Member State. This directive was recast by Directive 2014/60/EU of the European Parliament and of the Council of 15 May 2014 on the return of cultural objects unlawfully removed from the territory of a Member State, which defines a cultural object as “an object which is classified or defined by a Member State, before or after its unlawful removal from the territory of that Member State, as being among the ‘national treasures possessing artistic, historic or archaeological value’ under national legislation or administrative procedures within the meaning of Article 36 TFEU” . - E x e q u a t u r p r o c e d u r e Exequatur procedure is a separate procedure in the requested State for a declaration of enforceability of the foreign judgment in that state. It enables a judicial decision rendered abroad to be made enforceable in a state. It was abolished by Brussels Ia Regulation. - F o r u m n e c e s s i t a t i s Forum necessitatis can be used by a court that lacks territorial jurisdiction to assume jurisdiction over the dispute where the court considers that there is no other forum in which the dispute may be adjudicated or in which the plaintiff may reasonably be expected to initiate the suit. A court exercising such jurisdiction is said to be acting as a forum of necessity. - Geo-blocking Geo-blocking is a practice that prevents online customers from accessing and purchasing products or services from a website based in another Member State. The EU recently adopted the Geo-blocking Regulation, which prevents unjustified geo-blocking and other forms of discrimination based, directly or indirectly, on customers’ nationality, place of residence or location, in online and off-line transactions within t h e E U . - Highly mobile workers Highly mobile workers are workers whose place of employment is not in a single Member State. They either cross borders on a regular basis due to the nature of their work, work in multiple Member States, or cross a border every day in order to work in a Member State other than the one where they permanently reside. Exa mples of highly mobile workers include international transport workers (i.e., drivers, air crew members), seasonal workers, or border workers. - Insolvency Regulation Refers to Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings. It repealed Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings. It applies to insolvency proceedings opened after 26 June 2017. 4  - J u d g m e n t Article 2(a) of the Brussels Ia Regulation defines judgment as “any judgment given by a court or tribunal of a Member State, whatever the judgment may be called, including a decree, order, decision or writ of execution, as well as a decision on the determination of costs or expenses by an officer of the court”. However, “For the purposes of Chapter III, ‘judgment’ includes provisional, including protective, measures ordered by a court or tribunal which by virtue of this Regulation has jurisdiction as to the substance of the matter. It does not include a provisional, including protective, measure which is ordered by such a court or tribunal without the defendant being summoned to appear, unless the judgment containing the measure is served on the defendant prior to enforcement”. - Persons performing platform work According to the Proposal for a directive on improving working conditions in platform work, ‘person performing platform work’ means ‘any individual performing platform work, irrespective of the contractual designation of the relationship between that individual and the digital labour platform by the parties involved’. Platform work is defined as ‘any work organised through a digital labour platform and performed in the Union by an individual on the basis of a contractual relationship between the digital labour platform and the individual, irrespective of whether a contractual relationship exists between the individual and the recipient of the service’. - P u b l i c p o l i c y c l a u s e Article 45(1)(a) of the Brussels Ia Regulation contains a mandatory ground for refusal of the recognition of a foreign judgment if such recognition is manifestly contrary to public policy ( ordre public) in the Member S t a t e a d d r e s s e d . - Smart contracts using blockchain technology The term ‘smart contract’ refers to contractual arrangements that rely on self-executing computer protocols supported on Distributed Ledger Technology (DLT) or blockchains systems. Blockchains offer the possibility to memorialise contractual obligations. In this type of contract, parties can rely on the execution of certain contractual arrangements without the need of further human intervention nor a necessity to have recourse to courts or enforcement mechanisms under state law. - Strategic Lawsuits Against Public Participation (SLAPPs) A Strategic Lawsuit Against Public Participation (SLAPP) can be defined as a lawsuit that arises from civil liability that arises from a defendant’s public participation on matters of public interest and which is either fully or partially unfounded, and is characterised by elements indicative of abuse of rights or of process laws. SLAPPs are frequently filed in the form of libel or defamation lawsuits, but they can also be based on other tort, labour, privacy, and data protection law provisions. Their goal is to intimidate or harass their target in order to prevent, restrict or penalize public participation. About the respondent * 1. Are you responding to the survey as? 5  A judge A lawyer A notary A bailiff An arbitrator A national bar association A national association representing judges A national association representing notaries A national association representing bailiffs A national association representing arbitrators A Ministry of justice A Ministry or another state office in charge of consumer protection A Ministry of economy An academic A research centre Other * If other, please specify. * 2. Please provide the name of your organisation and department in the box below (where possible, please include a translation in English). * 3. Where are you or your organisation based? Austria Belgium Bulgaria Croatia Cyprus Czechia Denmark Estonia Finland France Germany Greece Hungary Ireland Italy Latvia Lithuania Luxembourg 6  Malta Netherlands Poland Portugal Romania Slovak Republic Slovenia Spain Sweden EU level Other * If other, please specify. Based on the information that you will provide to us in this survey, we might contact you for a potential follow-up interview on a need-to-have basis. Please enter your contact details if you would be willing to participate in a follow-up interview: Name: Position within the organisation: Email address: Phone number: Scope and definitions of the Brussels Ia Regulation * 1. The Brussels Ia Regulation is concerned with cross-border civil and commercial litigation. Is the concept of “cross-border elements” causing any issues in your Member State? Yes No Do not know 7  1.1 If yes, could you please explain how the concept of “cross-border elements” is interpreted in your Member State and describe issues arising from the concept of “cross-border elements”? Please provide reference to the relevant national case-law as relevant. 750 character(s) maximum * 2. Article 1(1) of the Brussels Ia Regulation provides that the Brussels Ia Regulation applies in civil and commercial matters whatever the nature of the court or tribunal. However, it does not apply to the specific civil and commercial matters listed in Article 1(2). Is the interpretation of the notion of “civil and commercial matters” raising issues in your Member State? Yes No Do not know 2.1 If yes, could you please describe these issues? Please provide reference to the relevant national case-law as relevant. 750 character(s) maximum * 3. According to Article 1(2)(b), the Brussels Ia Regulation does not apply to bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings. These proceedings should be covered by Regulation (EU) 2015 /848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings. Does the delineation of insolvency-related claims that do and do not fall within the scope of the Brussels Ia Regulation raise issues in your Member State? Yes No Do not know 3.1 If yes, could you please describe these issues? Please provide reference to the relevant national case-law as relevant. 750 character(s) maximum * 3.2 In your Member State, are there issues arising from the treatment of restructuring procedures that do not fall within the scope of Regulation (EU) 2015/848 on insolvency proceedings? Yes No Do not know 8  3.3 If yes, could please describe these issues? Please provide reference to the relevant national case-law as relevant. 750 character(s) maximum * 4. According to Article 1(2)(d), the Brussels Ia Regulation does not apply to arbitration. Are there any issues in your Member State related to the exclusion of arbitration from the scope of the Brussels Ia Regulation? Yes No Do not know 4.1 If yes, could please describe these issues? Please provide reference to the relevant national case-law as relevant. 750 character(s) maximum 5. Article 2(a) and Article 3 of the Brussels Ia Regulation define “judgment”, “court settlement” and “court”. D o the notions of “judgment”, “court settlement”, and “court” as defined in the Brussels Ia Regulation raise issues in your Member State? Yes No Do not know * Definition of ‘Judgment’ * Definition of ‘Court settlement’ * Definition of ‘Court’ 5.1 If yes, could you please describe these issues? Please provide reference to the relevant national case-law as relevant. 750 character(s) maximum Jurisdiction * 6. As a general rule, persons domiciled in a Member State, regardless of nationality, must be sued in the courts of that Member State. If the defendant is not domiciled in a Member State, the jurisdiction of the courts of each Member State is determined by the law of that Member State. Has the fact that in general the Brussels Ia Regulation does not apply to third-country defendants caused any issues (e.g., in cases of tort committed by parties from outside the EU law; damages resulting from infringement of competition law, etc.) in your Member State? 9  Yes No Do not know 6.1 If yes, could you please describe these issues? 750 character(s) maximum 7. A defendant not domiciled in a Member State should in general be subject to the national rules of jurisdiction applicable in the territory of the Member State of the court seised. However, 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, certain rules of jurisdiction in the Brussels Ia Regulation apply to defendants domiciled in third countries. Wh at has been the impact (including positive impact) of the Brussels Ia Regulation’s application to defendants domiciled in third countries in specific circumstances in your Member State? Please explain. 750 character(s) maximum 7.1 Have any issues arisen in your Member State as a result of the application of the Brussels Ia Regulation to defendants domiciled in third countries in areas where the Brussels Ia Regulation applies to such defendants? Yes No Do not know * Insurance matters (Art. 10-16) * Consumer contracts (Art. 17-19) * Employment contracts (Art. 20-23) * Areas of exclusive jurisdiction (Art. 24) * Choice-of-court agreements (Art. 25) 7.2 If yes, could you please give examples (including information on which area of law was concerned) and describe the issues that occurred? 750 character(s) maximum Special jurisdiction * 10  8. The Brussels Ia Regulation makes a distinction between contract cases under Article 7(1) of the Brussels Ia Regulation (i.e., matters relating to a contract) and tort cases under Article 7(2) of the Brussels Ia Regulation (i.e., matters relating to tort, delict or quasi-delict). In your experience, have the concept of “contract” and the distinction between contract cases and tort cases caused issues in your Member State? Yes No Do not know 8.1 If yes, could you please describe these issues? Please provide reference to the relevant national case-law as relevant. 750 character(s) maximum * 9. Has the application of the Brussels Ia Regulation in cross-border cases of violations of personality rights, particularly on the Internet, including defamation, caused particular issues in your Member State? Yes No Do not know 9.1 If yes, could you please explain how the Brussels Ia Regulation applies in cross-border cases of violations of personality rights, particularly on the Internet, including defamation, in your Member State and describe the issues? Please provide reference to the relevant national case-law as relevant. 750 character(s) maximum * 10. Have any so-called “Strategic Lawsuits Against Public Participation” (SLAPPs), mostly consisting of defamation lawsuits, been filed in your Member State? For a definition of SLAPPs, please see the glossary. Yes No Do not know * 10.1 If yes, have those lawsuits raised any specific issues regarding jurisdiction or recognition and enforcement of judgments in cross-border cases? Yes No Do not know 11  10.2 If yes, please describe these issues. Please provide reference to the relevant national case-law as relevant. 750 character(s) maximum * 11. Article 7(2) of the Brussels Ia Regulation provides that in matters relating to tort, delict or quasi-delict, a person domiciled in a Member State may be sued in another Member State in the courts for the place where the harmful event occurred or may occur. In your experience, has the application of Article 7(2) of the Brussels Ia Regulation in cases of purely financial loss given rise to particular issues in your Member State? Yes No Do not know 11.1 If yes, please describe those issues. Please provide reference to the relevant national case-law as relevant. 750 character(s) maximum * 12. Article 7(4) of the Brussels Ia Regulation provides that as regards a civil claim for the recovery, based on ownership, of a cultural object (see glossary for definition) initiated by the person claiming the right to recover such an object, a person domiciled in a Member State may be sued in another Member State in the courts for the place where the cultural object is situated at the time when the court is seized. Have there been any cases based on Article 7(4) of the Brussels Ia Regulation concerning claims for the recovery of cultural objects in your Member State? Yes No Do not know 12.1 If yes, please provide a short description and references. 750 character(s) maximum * 13. In your experience, do cases concerning multiple defendants pose any specific issues in your Member State (e.g., connected claims with defendants domiciled in the EU and outside the EU)? Yes No Do not know 12  13.1 If yes, please describe those issues. Please provide reference to the relevant national case-law as relevant. 750 character(s) maximum * 14. Articles 10 to 16 of the Brussels Ia Regulation determine rules on jurisdiction in matters relating to insurance. In your experience, has the application of the Brussels Ia Regulation’s rules on insurance contracts raised any issues in your Member State? Yes No Do not know 14.1 If yes, please describe those issues. Please provide reference to the relevant national case-law as relevant. 750 character(s) maximum Jurisdiction over consumer contracts * 15. Articles 17 to 19 of the Brussels Ia Regulation determine rules on jurisdiction in matters relating to consumer contracts. Have any issues arisen from the application of the Brussels Ia Regulation’s rules on consumer contracts and the national legislation transposing EU consumer law legislation (e.g., Council Directive 93/13/EEC on unfair terms in consumer contracts as regards jurisdiction clauses)? Yes No Do not know 15.1 If yes, please describe those issues. Please provide reference to the relevant national case-law as relevant. 750 character(s) maximum * 16. According to Article 17(3) of the Brussels Ia Regulation, Section 4 of Chapter II of the Brussels Ia Regulation on jurisdiction over consumer contracts 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. Has the exclusion of transport contracts from the scope of rules on jurisdiction over consumer contracts by Article 17(3) of the Brussels Ia Regulation raised any issues in your Member State? Yes No 13  Do not know 16.1 If yes, please describe those issues. Please provide reference to the relevant national case-law as relevant. 750 character(s) maximum * 16.2 Have any issues arisen in your Member State as a result of the interaction between the Brussels Ia Regulation and the Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights? Yes No Do not know 16.3 If yes, please describe those issues. Please provide reference to the relevant national case-law as relevant. 750 character(s) maximum * 17. Has the application of the Brussels Ia Regulation’s rules on consumer contracts raised any other issues in your Member State? Yes No Do not know 17.1 If yes, please describe those issues. 750 character(s) maximum * 18. Articles 20 to 23 of the Brussels Ia Regulation determine rules on jurisdiction in matters relating to individual contracts of employment. Have any issues arisen regarding jurisdiction in cross-border cases on employment matters in your Member State? Yes No Do not know 18.1 If yes, have any issues of jurisdiction arisen in cross-border cases on employment matters for: 14  Yes No Do not know * Highly mobile workers (e.g., workers in the aviation sector) (see glossary for a definition of highly mobile workers) * Persons performing platform work (see glossary for a definition of persons performing platform work) * Other 18.2 If yes, please describe those issues. Please provide reference to the relevant national case-law as relevant. 750 character(s) maximum Jurisdictional issues arising from new developments Digital economy * 19. In your experience, has the practice of geo-blocking in online sales affected the application of the Brussels Ia Regulation’s rules on jurisdiction over consumer contracts in your Member State (for instance, the directness criteria in Article 17(1)(c) of the Brussels Ia Regulation)? For a definition of geo-blocking, please see the glossary. Yes No Do not know 19.1 If yes, please describe those impacts. Please provide reference to the relevant national case- law as relevant. 750 character(s) maximum * 20. In your experience, have any specific issues arisen in this context of the application of the Brussels Ia Regulation’s rules on jurisdiction to digital consumer-to-consumer and consumer-to- business contracts in your Member State? Yes No Do not know 20.1 If yes, please describe those issues. Please provide reference to the relevant national case-law as relevant. 15  750 character(s) maximum * 21. Has the existence of various types of intermediary services provided by online platforms affected the application of the Brussels Ia Regulation’s rules on jurisdiction over consumer contracts in your Member State? Yes No Do not know 21.1 If yes, please explain and describe any issues. Please provide reference to the relevant national case-law as relevant. 750 character(s) maximum * 22. In your experience, has the application of the jurisdiction rules of the Brussels Ia Regulation to contracts between business users (especially small and medium enterprises) and online intermediation services, such as those covered by Regulation 2019/1150 on promoting fairness and transparency for business users of online intermediation services (e.g., online platforms such as Facebook), given rise to any issues in your country? Yes No Do not know 22.1. If yes, please describe those issues. Please provide reference to the relevant national case-law as relevant. 750 character(s) maximum * 23. In your experience, has the application of the Brussels Ia Regulation’s rules on jurisdiction (in particular Articles 7(1) and 7(2)) to cross-border disputes involving the use of artificial intelligence and cloud computing given rise to any issues in your Member State? For a definition of artificial intelligence and cloud computing, please see the glossary. Yes No Do not know 23.1 If yes, please describe the situations you may have encountered as well as any relevant issues. 750 character(s) maximum 16 * 24. In your experience, have any issues arisen from the application of the Brussels Ia Regulation’s rules on jurisdiction (in particular Articles 7(1) and 7(2)) to the practice of smart contracts using blockchain technology in your Member State? For a definition of smart contracts using blockchain technology, please see the glossary. Yes No Do not know 24.1 If yes, please describe the situations you may have encountered as well as any relevant issues. 750 character(s) maximum * 25. In your experience, have any issues arisen from the application of the Brussels Ia Regulation to cross-border disputes involving violations of personal data protection and privacy rules under the General Data Protection Regulation (GDPR) in your Member State? Yes No Do not know 25.1 If yes, please describe those issues. 750 character(s) maximum * 26. In your experience, have any issues arisen from the application of the Brussels Ia Regulation to cross-border disputes involving intellectual property rights, in particular the application of Article 7 (2) in relation to online infringements, in your Member State? Yes No Do not know 26.1 If yes, please describe those issues. 750 character(s) maximum Business and human rights * 27. In your experience, have cross-border business and human rights lawsuits been filed in your Member States? For a definition of business and human rights lawsuits, please see glossary. 17  Yes No Do not know 27.1 If yes, please explain and cite relevant case-law. 750 character(s) maximum * 27.2 Have those cases raised any specific jurisdictional issues? Yes No Do not know 27.3 If yes, please describe those issues. 750 character(s) maximum * 27.4 Is the definition of a company’s domicile under Article 63 of the Regulation causing any issues in cross-border business and human rights cases? Yes No Do not know 27.5 If yes, please describe those issues. 750 character(s) maximum Collective redress and representative action * 28. Does your Member State allow collective redress and/or representative actions? Yes No Do not know * 28.1 If yes, have any specific jurisdictional issues arise when collective redress mechanisms are used in the context of cross-border civil cases in your Member State? Yes No 18  Do not know 28.2 If yes, please describe those issues. 750 character(s) maximum Recognition and enforcement * 29. The Brussels Ia Regulation abolished the exequatur procedure. What has been the impact of the abolition of exequatur in your Member State? Please explain. 750 character(s) maximum * 30. In your experience, have any issues arisen in your Member State as a result of the abolition of the exequatur procedure (see the glossary for a definition of exequatur procedure)? Yes No Do not know 30.1 If yes, please describe those issues. 750 character(s) maximum * 31. Articles 45 to 51 of the Brussels Ia Regulation establish grounds for refusing recognition or enforcement of a judgment. In your experience, have any issues arisen in your Member State as a result of the application of the grounds for refusing recognition and enforcement of decisions, including the “public policy clause” (see the glossary for a definition of public policy clause)? Yes No Do not know 31.1 If yes, please describe those issues. 750 character(s) maximum * 19  32. Articles 37, 42 and 43 of the Brussels Ia Regulation require the provision of a certificate concerning the judgment (pursuant to Article 53 of the Brussels Ia Regulation). In your experience, are there any specific issues related to the issuance of certificates under the Brussels Ia Regulation in your Member State? Yes No Do not know 32.1 If yes, please describe those issues. 750 character(s) maximum * 33. What are the remedies available in your Member State to challenge the issuance of certificates or the refusal to issue them? Please explain. 750 character(s) maximum 34. Have issues arisen in your Member State as a result of: Yes No Do not know * The design of the forms and certificates * The accessibility of the forms and certificates * Processing requests for the issuance of the certificates 34.1 If yes, please describe those issues. 750 character(s) maximum Overall questions on application * 35. In your opinion, what has been the impact of the amendments brought by the Brussels Ia Regulation in general (e.g., extension of the Brussels Ia Regulation’s application to third-country domiciled defendants in specific situation; abolition of exequatur…)? Have they facilitated the application of the Regulation? 1000 character(s) maximum 20 * 36. In your opinion, what are the main issues when applying the Brussels Ia Regulation? 1000 character(s) maximum * 37. Do you believe there are any issues arising from the interaction of the Brussels Ia Regulation with EU and national legal instruments in your Member State? Yes No Do not know 37.1 If yes, please explain. 1000 character(s) maximum * 38. Have any other issues concerning the application of the Brussels Ia Regulation that were not addressed in the previous questions given rise to case law and/or doctrinal debate in your Member State? Yes No Do not know 38.1 If yes, please briefly mention those below, and where possible, provide links to case law or articles. You may also attach documents below. 1000 character(s) maximum * 39. In your opinion, to what extent has the Brussels Ia Regulation facilitated access to justice in cross-border civil and commercial cases? To a very large extent To a large extent 21  To some extent To a limited extent Not at all Do not know Statistics 22 40. Between 2015 and 2021, how many national judgments in your Member State refer to the application of the Brussels I and/or Brussels Ia Regulations? Please include statistics on the use of the Brussels I and Brussels Ia Regulations in national judgments in your Member State in the table below. 2015 2016 2017 2018 2019 2020 2021 Overall * Total number of civil and commercial judgments * Total number of judgments referring to 2001 BI Regulation * Total number of judgments referring to 2012 BIa Regulation 23  40.1 Please provide the relevant url to the source of the statistics. Looking forward * 41. In your opinion, what solutions would facilitate the application of the Brussels Ia Regulation in your Member State? Please explain. 1000 character(s) maximum 42. Please let us know if you have any final remarks. 750 character(s) maximum If you wish to submit additional documentation in support of your responses, please upload your files here (1 MB maximum). If you would like to provide document beyond the authorised limit, please send them at: [email protected] Thank you for participating in this survey! 24  Riigikohus Meie 25.04.2022 nr 10-1/3069 Kutse Brüssel Ia määruse kohaldamise uuringus osalemiseks Lugupeetud kohtunikud! Euroopa Komisjon viib läbi uuringut tsiviil- ja kaubandusasjades kohtualluvust ning kohtuotsuste tunnustamist ja täitmist käsitleva määruse (EL) nr 1215/2012 kohaldamise kohta.1 Uuringu eesmärk on analüüsida määruse kohaldamisest tulenevaid õiguslikke ja praktilisi probleeme. Uuringu alusel koostab Euroopa Komisjon aruande Brüsseli Ia määruse kohaldamise kohta. Justiitsministeerium kutsub kohtunikke, kes on kokku puutunud Brüssel Ia määruse kohaldamisega, uuringus osalema. Uuringu küsimused ja täitmise juhised on inglisekeelsed, kuid küsimustikule on võimalik vastata ka eesti keeles. Uuringu küsimustele on võimalik vastata veebilehel: https://ec.europa.eu/eusurvey/runner/BrusselsIatechnicalsurvey. Uuring on täitmiseks avatud kuni 22. maini 2022. a. Oleksin tänulik, kui edastaksite vastamise info ja vastuste sisu teadmiseks ka Justiitsministeeriumile. Lugupidamisega (allkirjastatud digitaalselt) Heddi Lutterus Asekantsler Lisa: uuringu läbiviimise dokumendid. Lisaadressaadid: Tallinna Ringkonnakohus Tartu Ringkonnakohus Harju Maakohus Tallinna kohtumaja Tartu Maakohus Pärnu Maakohus Viru Maakohus Stella Johanson 620 8240 [email protected] 1 Euroopa Komisjoni nimel viib uuringu läbi Milieu Consulting. Suur-Ameerika 1 / 10122 Tallinn / +372 620 8100 / [email protected] / www.just.ee Registrikood 70000898  EUROPEAN COMMISSION PROTECTION OF YOUR PERSONAL DATA This privacy statement provides information about the processing and the protection of your personal data. Processing operation: Targeted consultation activities in the form of surveys and interviews in relation to the Commission’s Study to support the preparation of a report on the application of Regulation (EU) No.1215/2012 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (Brussels Ia Regulation)’. Data Controller: European Commission, Directorate-General for Justice and Consumers, Unit A.1: Civil Justice. Data Processor: Milieu Consulting SRL Record reference: DPR-EC-01011 Table of Contents 1. Introduction ........................................................................................................................................ 2 2. Why and how do we process your personal data? ........................................................................... 2 3. On what legal ground(s) do we process your personal data ............................................................ 3 4. Which personal data do we collect and further process? ................................................................. 3 5. How long do we keep your personal data? ....................................................................................... 3 6. How do we protect and safeguard your personal data? ................................................................... 4 7. Who has access to your personal data and to whom is it disclosed? ............................................... 4 8. What are your rights and how can you exercise them? .................................................................... 5 9. Contact information ........................................................................................................................... 5 10. Where to find more detailed information? ..................................................................................... 6 1. Introduction The European Commission (hereafter ‘the Commission’) is committed to protect your personal data and to respect your privacy. The Commission collects and further processes personal data pursuant to Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data (repealing Regulation (EC) No 45/2001). This privacy statement explains the reason for the processing of your personal data, the way we collect, handle and ensure protection of all personal data provided, how that information is used and what rights you have in relation to your personal data. It also specifies the contact details of the responsible Data Controller with whom you may exercise your rights, the Data Protection Officer and the European Data Protection Supervisor. This privacy statement concerns the processing operation ‘Targeted consultation activities’ in the form of surveys and interviews in relation to the Commission’s Study to support the preparation of a report on the application of Regulation (EU) No.1215/2012 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (Brussels Ia Regulation)’ (hereafter, the ‘Study'), undertaken by Unit A.1: Civil Justice, Directorate-General for Justice and Consumers as presented below. The targeted consultation activities will be carried out by the contractor Milieu Consulting SRL on behalf and for account of the European Commission. For this purpose, the contractor shall act as Data Processor. 2. Why and how do we process your personal data? Purpose of the processing operation: The purpose of the surveys and interviews is to obtain the views of stakeholders concerned by the subject matter of the targeted consultation activity at hand (hereafter, 'targeted consultation'). In order to get a better understanding of the application and the functioning of the Brussels Ia Regulation in the Member States legal, it is indispensable for the Commission to receive input and views from those who are concerned by the topic. The targeted consultation may require you to provide personal data in your response. Only the name and type of the organisation on whose behalf you are contributing will be included in the study report which would feed into further Commission’s work and research on this topic. For reasons of transparency and openness, in principle, your views could be published on a Europa website, either directly as received, in the form of a summary report, or included in a wider policy document. The interviews might also be audio-recorded for the purposes of processing the information obtained by the study team, but they will not be published. To avoid misuse, anonymous contributions to the survey may not be accepted or are conceptually impossible in case of interviews. The personal data processed may be reused for the purpose of procedures before the EU Courts, national courts, the European Ombudsman or the European Court of Auditors. Your personal data will not be used for an automated decision-making including profiling. 3. On what legal ground(s) do we process your personal data We process your personal data, because: (a) processing is necessary for the performance of a task carried out in the public interest; (b) it is based on your consent, for one or more specified purposes: − processing is necessary for the completion of the targeted consultations and for drafting the reports concerning the Study; − eventual publication of your views and identity of the stakeholder that you represent (name and type of organisation); − if personal data is spontaneously provided by you in your contribution to the semi- structured interview, their eventual publication; − if applicable, the processing of special categories of personal data. The Union law which is the basis for the processing based on Articles 5(1)(a) and (b) of Regulation (EU) 2018/1725 is the Treaty of the European Union, and more specifically its Articles 1 and 11, as well as the Protocol 2 on the application of the principles of subsidiarity and proportionality. 4. Which personal data do we collect and further process? In order to carry out this processing operation, the Data Processor on behalf and for the account of the Data Controller could collect the following categories of personal data:  name and surname,  position in the organisation,  profession,  country in which the organisation is based,  e-mail address of the respondent, telephone number of the respondent (if applicable),  the name and type of the organisation on the behalf of which the respondent is contributing,  personal data included in the response or contribution to the targeted consultation (if the targeted consultation at hand requires so or the respondent does so voluntarily). Furthermore, you may spontaneously provide other, non-requested personal data in the context of your reply to the targeted consultation. 5. How long do we keep your personal data? The Data Controller as well as the Data Processor only keeps your personal data for the time necessary to fulfil the purpose of collection or further processing, namely for a maximum of five years after the closure of the file to which the present targeted consultation belongs. A file is closed at the latest once there has been a final outcome in relation to the initiative to which the targeted consultation contributed. This retention period is without prejudice to an earlier elimination of personal data not part of the file or cases of administrative elimination. This administrative retention period of five years is based on the retention policy of European Commission documents and files (and the personal data contained in them), governed by the common Commission-level retention list for European Commission files SEC(2019)900. It is a regulatory document in the form of a retention schedule that establishes the retention periods for different types of European Commission files. That list has been notified to the European Data Protection Supervisor. The administrative retention period is the period during which the European Commission departments are required to keep a file depending on its usefulness for administrative purposes and the relevant statutory and legal obligations. This period begins to run from the time when the file is closed. In accordance with the common Commission-level retention list, after the ‘administrative retention period’, files including (the outcome of) targeted consultations (and the personal data contained in them) can be transferred to the Historical Archives of the European Commission for historical purposes (for the processing operations concerning the Historical Archives, please see notifications DPO-1530.4 ARES-NOMCOM. ARES (Advanced Records System) et NOMCOM (Nomenclature Commune), DPO- 3871-3 Notification for the digital archival repository and ARCHISscanning' and 'DPO-2806-5 Gestion des dossiers papier structurés par nom de personnes et transférés aux Archives Historiques'.). 6. How do we protect and safeguard your personal data? All personal data in electronic format (e-mails, documents, databases, uploaded batches of data, etc.) are stored on the servers of the European Commission or of its contractors. All processing operations are carried out pursuant to Commission Decision (EU, Euratom) 2017/46 of 10 January 2017 on the security of communication and information systems in the European Commission. In order to protect your personal data, the Commission has put in place a number of technical and organisational measures. Technical measures include appropriate actions to address online security, risk of data loss, alteration of data or unauthorised access, taking into consideration the risk presented by the processing and the nature of the personal data being processed. Organisational measures include restricting access to the personal data solely to authorised persons with a legitimate need to know for the purposes of this processing operation. The Commission’s processors (contractors) are bound by a specific contractual clause for any processing operations of your personal data on behalf of the Commission. The processors have to put in place appropriate technical and organisational measures to ensure the level of security, required by the Commission. 7. Who has access to your personal data and to whom is it disclosed? Access to your personal data is provided to the Commission staff responsible for carrying out this Study and to authorised staff according to the “need to know” principle, in particular to follow-up on the targeted consultation. Such staff abide by statutory, and when required, additional confidentiality agreements. Certain personal data may be made public on the Europa website, namely: − any personal data on which you consented to their publication; − personal data spontaneously provided by you in your contribution (without it being required by the consultation activity). Please note that pursuant to Article 3(13) of Regulation (EU) 2018/1725 public authorities (e.g. Court of Auditors, EU Court of Justice) which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing. The information we collect will not be given to any third party, except to the extent and for the purpose we may be required to do so by law. 8. What are your rights and how can you exercise them? You have specific rights as a ‘data subject’ under Chapter III (Articles 14-25) of Regulation (EU) 2018/1725, in particular the right to access your personal data and to rectify them in case your personal data are inaccurate or incomplete. Under certain conditions, you have the right to erase your personal data, to restrict the processing of your personal data, to object to the processing and the right to data portability. You have the right to object to the processing of your personal data, which is lawfully carried out pursuant to Article 5(1)(a), on grounds relating to your particular situation. Insofar you have consented to the certain processing of your personal data by the Data Controller and by the Data Processor for the present processing operation, you can withdraw your consent at any time by notifying the Data Controller. The withdrawal will not affect the lawfulness of the processing carried out before you have withdrawn the consent. You can exercise your rights by contacting the Data Controller, or in case of conflict the Data Protection Officer. If necessary, you can also address the European Data Protection Supervisor. Their contact information is given under Heading 9 below. Where you wish to exercise your rights in the context of one or several specific processing operations, please provide their description (i.e. their Record reference(s) as specified under Heading 10 below) in your request. Any request for access to personal data will be handled within one month. Any other request mentioned above will be addressed within 15 working days. 9. Contact information - The Data Controller If you would like to exercise your rights under Regulation (EU) 2018/1725, or if you have comments, questions or concerns, or if you would like to submit a complaint regarding the collection and use of your personal data, please feel free to contact the Data Controller of the European Commission; Directorate-General for Justice and Consumers, A.1: Civil Justice, [email protected]. - The Data Protection Officer (DPO) of the Commission You may contact the Data Protection Officer ([email protected]) with regard to issues related to the processing of your personal data under Regulation (EU) 2018/1725. - The European Data Protection Supervisor (EDPS) You have the right to have recourse (i.e. you can lodge a complaint) to the European Data Protection Supervisor ([email protected]) if you consider that your rights under Regulation (EU) 2018/1725 have been infringed as a result of the processing of your personal data by the Data Controller. 10. Where to find more detailed information? The Commission Data Protection Officer (DPO) publishes the register of all processing operations on personal data by the Commission, which have been documented and notified to him. You may access the register via the following link: http://ec.europa.eu/dpo-register. This specific processing operation has been included in the DPO’s public register with the following Record reference: DPR-EC-01011 Saatja: <[email protected]> Saadetud: 26.04.2022 07:52 Adressaat: Tallinna Ringkonnakohus info <[email protected]>; Tarturk info <[email protected]>; Harjumk info <[email protected]>; Tartumk info <[email protected]>; Pärnumk info <[email protected]>; virumk.info <[email protected]> Teema: Kutse Brüssel Ia määruse kohaldamise uuringus osalemiseks Manused: 10-13069 25.04.2022 Väljaminev kiri.bdoc Tere! Teile on saadetud Justiitsministeeriumi dokumendihaldussüsteemi Delta kaudu dokument. Pealkiri: Kutse Brüssel Ia määruse kohaldamise uuringus osalemiseks Registreerimise kuupäev: 25.04.2022 Registreerimise number: 10-1/3069. Suur-Ameerika 1, 10122, Tallinn Tel. 620 8100, Faks 620 8109 e-mail: [email protected] www.just.ee