Key areas of interest

We expect some disputes to be at the forefront of attention:

ESG disputes are increasingly centred on climate accountability, transparency and compliance with EU directives. Various Member States including Belgium, France, Germany, Italy, Portugal, and Spain face climate cases targeting corporate and/or state entities. Moreover, disputes related to greenwashing are coming into the spotlight against the background of new EU law. Other EU legislation, such as the CSDDD, is likely to lead to further litigation.

The reform of the Product Liability Directive and the implementation of the General Product Safety Regulation mark substantial shifts in product liability law. While the EU AI Liability Directive remains pending amid criticism, Member States like Italy and Poland are drafting their own AI legislation, seeking alignment with the AI Act.

In data protection, the private enforcement of the General Data Protection Regulation continues to evolve, with litigation activity in Spain and Germany, in particular. Moreover, cybersecurity is gathering a lot of interest in light of DORA and the NIS2 Directive, which has, for instance, led Luxembourg to increase corporate and personal accountability.

Competition litigation is gaining momentum in Germany, Portugal, and Spain, aided by clearer legal frameworks and the growing availability of collective redress mechanisms.

Litigation

The EU Collective Redress Directive continues to shape the European legal landscape, with many Member States experiencing an increase in collective actions driven by growing consumer organisation engagement. Several jurisdictions such as Belgium, Germany, and Portugal have emerged as key players in the directive’s implementation, while others including France, Luxembourg, and Spain are anticipated to adopt transposition acts soon.

In this context, the EU Commission’s study on third-party litigation funding suggests further regulatory developments, indicating the increasing importance of third-party funding across the Member States.

Another key focus area at EU level is the forthcoming revision of the Brussels I bis Regulation, with consultations expected to begin at the start of 2025. This revision might influence cross-border litigation strategies for businesses significantly.

The judicial systems in several EU jurisdictions are undergoing significant reforms aimed at modernising and enhancing the efficiency of civil proceedings. In Spain, this involves reorganising first-instance courts and advancing the digitalisation of civil proceedings. Germany has established commercial courts and chambers using English and enacted legislation to promote video hearings. Italy has reformed its civil procedure code to improve efficiency and predictability by streamlining submissions, simplifying cases, and allowing the Supreme Court to provide binding interpretations. Italy has also modernised enforcement procedures, including electronic asset searches.

Arbitration

The EU’s strategy on sanctions and treaty-based arbitration is shifting. To counter Russian parties bypassing arbitration clauses via domestic laws, the EU has imposed a transaction ban on parties involved in such actions. Furthermore, the latest sanctions package prohibits the recognition or enforcement within the EU of rulings by Russian courts under these laws. It remains uncertain whether these measures will effectively deter Russian parties from circumventing arbitration agreements.

The EU also withdrew from the Energy Charter Treaty, though individual states may join the modernised version. The EU’s ratification of the Mauritius Convention marks a push towards transparency in investor-state arbitration, while recent court decisions limit enforcing intra-EU investment awards.

In addition, there have been important developments at the Member State level. Polish courts highlight financial constraints in arbitration, impacting party autonomy. Spain’s judiciary supports arbitration, upholding awards in competition cases and showing a pro-arbitration stance. Germany’s arbitration law reforms were interrupted by a Government collapse in late 2024 and are awaiting new parliamentary elections in early 2025.

Criminal law and investigations

In 2024, the EU implemented significant sanctions packages, marking its first direct measures against the Russian gas industry and targeting Belarus. Looking ahead to 2025, the EU aims to enforce a robust sanctions package to counteract circumventions. New EU rules on criminal penalties will require Member States to harmonise penalties, enhance co-operation, and possibly impose fines exceeding 5% of a company’s turnover.

The proposed Anti-Corruption Directive, expected to be adopted in 2025, seeks to standardise rules and penalties for corruption, with substantial fines for failing to prevent bribery. The EU plans to enforce its Anti-Money Laundering (AML) Package, establishing a consistent framework across the Member States.

Among the developments at national level, Belgium’s new Criminal Code, effective April 2026, is particularly worth noting as it modernises and simplifies offence categories and penalties, while pioneering initiatives such as criminalising ecocide. In addition, the Private Investigations Act overhauls the legal framework for private investigations. In France, there is a continued expansion of negotiated criminal justice mechanisms and Judicial Public Interest Agreements (CJIPs), driven by clearer prosecutorial practices, encouraging companies to self-report. In Portugal, a major trial began in 2024 involving the Espírito Santo Group, concerning significant financial misconduct from 2009 to 2014.