European and international private procedural law has developed steadily in recent years. This development has led, in particular, to a sharp rise in cross-border protection and enforcement cases. Against this backdrop, one might put into question the “second generation” of EU regulations on procedural law for cross-border cases, i.e. the European Enforcement Order, Order for Payment, Small Claims (as amended by Regulation (EU) 2015/2421) and the Account Preservation Order Regulations.
Therefore, on 27 June 2017, the European Commission entrusted a consortium of researchers from the Max Planck Institute Luxembourg and leading European universities with an empirical study on this issue. The project is coordinated by the University of Freiburg (Prof. Dr Jan von Hein), and includes the participation of the following researchers:
- Prof. Dr. Burkhard Hess / Prof. Dr Marta Requejo Isidro (Max Planck Institute Luxembourg)
- Prof. Thalia Kruger / Prof. Dr. Johan Meeusen (Antwerp University)
- Prof. Agnieszka FrackowiakAdamska (Wroclaw University)
- Prof. Dr. Xandra Kramer (Rotterdam University)
- Prof. Carmen Otero GarcíaCastrillón (University of Complutense/Madrid)
- Prof. Stefania Bariatti / Prof. Francesca Clara Villata / Prof. Ilaria Viarengo (Milan University)
The study has the mission to assess whether the existing European legislation will ensure the effective enforcement of cases in cross-border disputes or whether a more coherent regulation is required. For this purpose, the consortium has been empowered to develop a database to collect and analyse decisions of the national courts and the European Court of Justice. In addition to the quantitative analysis of the cases, a qualitative research will also be carried out in the participating Member States, with the contributions of practitioners working in the field of international private law and international civil procedural law.