Books Developments in PIL Scholarship

Payan on the Caselaw of the Court of Justice on EU PIL

Guillaume Payan (University of Toulon, France) is the editor of a new book offering commentaries of the most important of the judgments delivered by the Court of Justice of the European Union in the field of European civil procedure (Espace judiciaire européen – Arrêts de la CJUE et commentaires).

The author has provided the following abstract:

For twenty years, European directives and regulations have been multiplied in the field of the European judicial area in civil matters (Treaty on the Functioning of the European Union, art. 81). Their implementation in the various member states of the European Union is the source of significant litigation. In order to settle the disputes submitted to them, national Courts frequently request the Court of Justice of the European Union, submitting a request for a preliminary ruling on interpretation.

Knowledge of preliminary ruling is essential for a good understanding of European Union legislation, it being understood that the terms used therein are interpreted independently, by referring mainly to the objectives and scheme of European regulation and directive concerned, in order to ensure the uniform application.

The book “European civil judicial area: judgments of CJEU and comments” contains analyzes of more than 300 judgments of the Court of Justice.

In this book, the judgments of the Court of Justice of the European Union – and the older ones of the Court of Justice of the European Communities – are not arranged in chronological order, as is traditionally the case. However, their presentation follows the structure of the directives and regulations adopted in the field of the European Civil Judicial Area.

However, in the same case, the Court of Justice may have to interpret several provisions appearing in the same European legislative instrument or in separate European legislative instruments. As a result, some judgments appear at different places in the book. In such a case, each analysis is focused on a precise aspect of the solution adopted and references are made to the other comments relating to these judgments.

This choice pursues the objective of facilitating the identification of the correct meaning of the concepts which punctuate the European Union legislation developed in the field of judicial cooperation in civil matters. In the same perspective, in each analysis, the extracts from the judgments – and the conclusions of the Advocates General relating to them – appear in italics. In addition, the comments are preceded by the reproduction of the relevant extract from the judgment studied. This extract corresponds to all or part of its ruling. In addition, the list of judgments analyzed is reproduced at the end of the book in an alphabetical table of case law.

This work was written under the direction of Guillaume Payan (University of Toulon, France) and includes a foreword of Professor Hélène Gaudemet-Tallon. The contributors to the books are I. Barrière-Brousse, J. Bauchy, A. Berthe, V. Egéa, E. Guinchard, L.-C. Henry, M. Ho-Dac, F. Jault-Seseke, N. Joubert, M.-C. Lasserre, F. Mailhé, S. Menetrey, P. Nabet, P. Oudot, G. Payan, F. Reille.

More details can be found here, including the table of contents of the book which is available here.