EU reviews jurisdiction rules amidst challenges from class action-style claims

Changes to the jurisdiction rules for collective redress actions in EU member states would have significant implications for litigation strategy, forum selection and the conduct of cross-border disputes across Europe, experts have said.

The European Commission has opened a call for evidence as part of an overarching review of existing EU rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

The review follows a report published by the European Commission in June 2025. The report highlighted that the Brussels I Recast Regulation – the EU's core framework that has governed rules on jurisdiction for proceedings since 10 January 2015 – has proved a “highly successful instrument” for settling conflicts of jurisdiction, as well as facilitating the mutual recognition and enforcement of judgments.

However, more than 10 years since the Regulation entered into force, the report said there were a number of areas that may “benefit from…simplification and modernisation” and could warrant further consideration in any future reform.

In particular, the Commission questioned whether the Regulation’s existing jurisdiction framework is capable of dealing effectively with collective redress claims and whether the ordinary rules applicable to tort and consumer contracts are fit for purpose in that context. 

As cross-border mass claims continue to grow in areas such as competition, consumer protection and data-related litigation, there has been growing pressure in many EU jurisdictions to ensure that effective, affordable routes exist to bring mass actions, particularly by consumers.

Zara West, a Dublin-based commercial litigation expert at Pinsent Masons, said the review signalled the Commission was “actively considering” whether the existing framework was adequately equipped to deal with the steady rise of collective redress and representative actions across Europe.

“The Commission's review suggests that collective redress is emerging as a significant focus area in the future development of the Regulation,” West said. “The call for evidence notes that the Commission's 2025 application report identified a need for further analysis of the procedural tools available for collective redress claims and, notably, one of the reform options – option 3 – under consideration would introduce specific new jurisdictional rules for collective redress actions. This indicates that the Commission is actively considering whether the existing jurisdiction framework should be adapted to better accommodate cross-border collective litigation.”

Johanna Weißbach, a dispute resolution expert with Pinsent Masons in Munich, said the consultation presented a significant opportunity for businesses to provide feedback on the suitability of the current jurisdictional rules: “The Commission’s recent review identified concerns that collective claims may require proceedings to be brought in multiple courts, creating complexity, additional cost and the risk of inconsistent outcomes,” she said. “Any reform in this area could have significant implications for litigation strategy, forum selection and the conduct of cross-border disputes across Europe.”

West said the review also highlighted the increasingly important role of collective redress across the European litigation landscape, particularly following the introduction of the Representative Actions Directive, which harmonised EU member states’ approach to mass action procedures. The Directive came into force on 24 December 2020 and EU member states were required to transpose the directive into their national legal systems by 25 December 2022. 

Last year Ireland launched its first mass lawsuit under the Representative Actions Act. The case, which has attracted considerable interest, concerns alleged breaches related to the General Data Protection Regulation (GDPR) and online advertising data, and is expected to have major implications for technology companies’ operating across the EU.

West said the Commission’s review would be of interest to both claimant groups and businesses exposed to cross-border litigation risk, since any reform could have “significant implications” for the future conduct of collective actions across the bloc.

“Any changes to the jurisdiction rules for collective redress actions are likely to affect not only where claims can be brought, but the ability for claimants to consolidate claims before a single court, and the procedural dynamics of cross-border collective litigation,” she added.

The call for evidence (5 pages / 400KB PDF) is open until 24 November.