The Brussels I-bis Regulation (EU 1215/2012) complements Rome II by governing jurisdiction and the cross-border recognition of judgments in personal injury cases. Rome II determines the applicable law, while Brussels I-bis determines jurisdiction.
Competent Court
Article 4: domicile of the defendant. Article 7(2): place where the damage occurs. Victims often choose the place of the tort to benefit from favorable law.
Recognition and Enforcement
Judgments are automatically recognized in EU Member States (except for ex parte decisions). The exequatur procedure has been abolished since 2015. Challenges are possible in cases of public policy violations.
In practice: A Dutch judgment concerning a Belgian accident (governed by Dutch law under Rome II) is enforced in Belgium without repetition. Insurers must pay.
For non-EU countries, national law applies, which may lead to complications. Combining this with the Hague Convention on Choice of Court Agreements strengthens the position.