Factual situation and international legal dispute. Reflexions on ECJ 3 June 2021, C-280/20, Republika Bulgaria

Abstract

This work analyses the judgment of the ECJ of 3 June 2021, C-280/20, ZN v. Generalno konsulstvo na Republika Bulgaria v grad Valensia, Kralstvo Ispania and highlights that fact that the Brussels I-bis Regulation should apply to all international litigation in civil and commercial matters in the courts of all EU Member States. The paper emphasized that an important distinction between ‘legal situation’ and ‘dispute’ should be made. A dispute should be regarded as “cross-border” or “international” provided that a foreign element is present, regardless of its nature, objective importance and intensity.