In matters relating to the sale of goods, the “place of delivery” constitutes the decisive connecting factor under Article 7(1)(b) of the Brussels I bis Regulation (1215/2012). Even if it is clear from case law that this place shall be where the purchaser acquires “actual power of disposal” of the goods, a recurring issue is […]
On January 15, 2026, the Court of Justice rendered its judgment in Wunner, C-77/24, addressing the application of the Rome II Regulation (864/2007) to the personal liability of company directors in the context of unlawful online gambling. The judgment clarifies the scope of the company law exception in Article 1(2)(d) of the Rome II Regulation […]
On 5 and 6 March 2026, the Faculty of Law at Lund University will host a conference entitled Collaboration in International Family Law. The event will bring together leading academics and practitioners to explore how cooperation between key actors functions in international family law, from both national and comparative perspectives. The first day (from 14 […]
In a judgment of 9 September 2025 the Danish Supreme Court clarified how Danish private international law determines the applicable law in recourse claims between insurance agencies and vehicle owners after an international traffic accident. The Court confirmed that, in the absence of codified conflict-of-laws rules, the starting point is the law of the place […]
The holiday season is approaching. Hopefully, that will mean that most of us can leave our keyboards to rest and not only catch up with family and friends, but also enjoy some good movies. And then why not movies on private international law themes? Below is a short list of recommendations on three movies based […]
Since 2023, the Unified Patent Court (UPC) has served as a supranational patent litigation forum for 18 EU member states. On 3 October 2025 the UPC Court of Appeal delivered its first final judgment, in a dispute between Philips and Belkin concerning alleged infringement of a patent relating to wireless charging technology. Although the UPC […]
Denmark does not apply the Brussels II ter Regulation in jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility. Jurisdiction in international parental-rights cases is assessed against domestic rules, unless the Hague Convention of 19 October 1996 on protection of children, to which Denmark is a party, provides […]
In a judgment of 20 September 2025 (Case BS-19161/2025-HJR), the Danish Supreme Court clarified that the 2007 Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters governs the time limit for appealing exequatur decisions. National procedural rules, the Court added, cannot be applied to issues for which the […]
EU Member States may not confer the authority of res judicata on an arbitral award over a sports dispute linked to an economic activity within the territory of the Union, unless the consistency of that award with the principles and provisions of EU law which form part of EU public policy has first been subject […]
A recent judgment from the Swedish Supreme Court interprets the principle judgments from the Court of Justice of the EU (CJEU) holding arbitration in investment arbitration as incompatible with EU law as conservatively as possible by allowing for invalidation only for “EU internal” relations. Hence, the arbitral award is upheld in relation to a Swiss […]
In 2022, the European Court of Human Rights (ECtHR) held in its KK and Others v. Denmark judgment that Denmark had violated Article 8 of the European Convention on Human Rights (ECHR) by its legislative measures trying to prevent commercial surrogacy arrangements (reported for the blog here). Measures were taken by Danish institutions in response […]
In response to both global and domestic revelations of serious shortcomings in the intercountry adoption system, the Swedish government launched an official inquiry on the matter in October 2021. The objective was to assess past practices and propose legal reforms as well as other appropriate measures. Titled ‘Sweden’s intercountry adoption activities – Lessons learned and […]
The relation between EU private international law and arbitration is notoriously complex. While the arbitration exemption of the Brussels I bis Regulation has rendered both much case law as well as legal debate, less attention has been paid to whether and how the EU conflict of law rules in the Rome I Regulation apply to […]
On 11 and 12 June 2025, the Nordic Group on Private International Law (NGPIL) held a conference in Stockholm. NGPIL is an informal group consisting of lawyers interested in the field of private international law. Founded in Uppsala in 2002, the group enhances the intelligibility of the Scandinavian languages as well as the common legal […]
On 11–12 June 2025, a conference organized by the Nordic Group for Private International Law (NGPIL) will take place at the Stockholm University. The topic is the politicization of private international law. NGPIL is a network that brings together the shared legal traditions of the Nordic countries, while also embracing the mutual intelligibility of the […]
On 20 March 2025, the Danish Supreme Court ruled (in case BS-34884/2024-HJR) that a Chinese arbitral award could not be enforced in Denmark due to a lack of proper service. Background In 2020, a Chinese arbitral tribunal held that the investments that an investor had made for a company should be repaid. Since the defendant […]
On 6 March 2025, the Danish Supreme Court held in a decision that an abducted child should not be returned to Ukraine under the 1980 Hague Convention on the Civil Aspects of Child Abduction (1980 Hague Convention). The court found grounds to refuse the return, emphasizing that while the war in Ukraine influenced the situation, […]
German law shall be applied to a non-contractual obligations arising out of wrongful components in ship engines built in Germany, the Norwegian Supreme Court held in a judgment rendered on 17 December 2024. Regardless of the fact that the Rome II Regulation is not binding for Norway and that it was not applicable in the […]
Johan Tufte-Kristensen (Copenhagen University) and Mustafa Sert (Gorrissen Federspiel law firm) have authored a new Danish textbook titled International privatret (Private International Law). The book focuses exclusively on choice of law issues, omitting procedural aspects such as jurisdiction and the recognition and enforcement of judgments. It offers a comprehensive overview of choice of law issues from […]
Under Norwegian criminal law, entering into or assisting with a child marriage or a marriage-like relation is prohibited. A judgment of the Norwegian Supreme Court (HR-2024-2161-A of 25 October 2024) a man and his parents, all residing in Norway, were found guilty of this crime after the man had entered a marriage-like relation with a […]
In a child custody case where the place of residence of both the child in question and the defendant mother was unknown, the Finnish Supreme Court held, in a judgment of 17 September 2024, that the Brussels II ter Regulation (2019/1111) applied to penalty fine matters. Since no court of a Member State had jurisdiction […]
On 5 February 2024, the Danish government, along with most opposition parties, reached an agreement regarding children born through surrogacy agreements. This political accord aims to address and improve the legal status of children born through surrogacy, particularly in the context of foreign surrogacy arrangements, ensuring their right to legal parents, without the requirement of […]
Norway is not bound by the EU choice of law regulations. Still, Article 7 of the Rome I Regulation applies fully in Norway and the Rome II Regulation governs what law that applies in any non-contractual matter between an insurance company and a person claiming compensation after a traffic accident. This was the view expressed […]
Whether a third party remains bound by a forum selection clause after acquiring a bill of lading is a matter for the court handling the case, governed by its private international law. Therefore, the ‘new’ conflict-of-laws rule in Article 25 of the Brussels I bis Regulation, whereby the court of a Member State, chosen by […]
A new book titled Brussels II-ter – Cross-border Marriage Dissolution, Parental Responsibility Disputes and Child Abduction in the EU has been published by Larcer-Intersentia. The authors of the book are Nigel Lowe (Cardiff University), Constanza Honorati (Milano-Bicocca University) and Michael Hellner (Stockholm University). The description of the book at the publisher’s website reads as follows. […]
By a decision of 21 December 2023, the Danish Supreme Court held that a Swedish default judgment concerning a loan agreement could not be enforced in Denmark on the ground that the service procedure that preceded the judgment was inadequate in an international situation. Background In 2014, a Swedish bank filed a plaint in a […]
Pursuant to Article 9 of the Rome II Regulation on the law applicable to non-contractual obligations, the law applicable to an industrial action is the law of the country where the action has been taken. In a judgment of 5 February 2024, the Norwegian Labour Court relied on the conflict-of-law rule enshrined in the above […]
The European Court of Human Rights (ECtHR) held in a judgment of 26 October 2023 (Application no. 32662/20) that a Hungarian child abduction procedure under the 1980 Hague Child Abduction Convention (1980 Hague Convention) was not compatible with the family rights set out in Article 8 of the European Convention on Human Rights (ECHR). The […]
Under Article 8 of the UNCITRAL Model Law on International Commercial Arbitration (the “Model Law”), a court shall refer the parties to arbitration “if a party so requests not later than when submitting his first statement in the substance of the dispute.” This Model Law rule, upon which the equivalent provision of the Norwegian Arbitration Act […]
A Russian father, who was long since separated from the mother of his children in Russia, came to Finland with his two sons in September 2022 and applied for asylum. The mother in Russia pleaded in Finnish courts that the children should be returned to Russia in line with the 1980 Hague Convention on the […]
Should a foreign judgment entail in the requested State the res judicata effect that it has in the country of origin? Or should one rather substitute the foreign procedural effects of the judgment to fit with the law of the country where recognition is sought? This issue was put to the test for the Court of Justice […]
Two relatively new Scandinavian free online law library projects ease the accessibility of older legal writings, which opens new possibilities for researchers. First, the Danish law library project jurabog was launched. Being inspired by that, the similar Swedish project juridikbok.se followed. The two projects are both free and their respective focus are to collect older legal writings […]
On 6 December 2022, the European Court of Human Rights (ECtHR) ruled in the Danish surrogacy case of K.K. and Others v. Denmark. In a 4–3 judgment, the ECtHR held that Denmark violated the rights enshrined in Article 8 of the European Convention on Human Rights (ECHR), as claimed by two children born through a commercial […]
Morten Midtgaard Fogt (Aarhus University, Denmark) has had a book titled Choices, Limits and Consequences of Harmonisation of Commercial Law published. The abstract of the book reads as follows. The harmonisation of private commercial law and the application of the various instruments of harmonisation are becoming increasingly complex. New formal or informal means of harmonisation are […]
In a decision of November 2022, the Swedish Labour Court held that Qatar had, at least in part, the right to invoke state immunity from jurisdiction in connection with proceedings relating to an employment matter. Background An employee at the Qatari embassy in Stockholm was summarily dismissed in September 2021. He filed a lawsuit against […]
In the space of two weeks, two doctoral theses on arbitral jurisdiction will be publicly defended at the Stockholm University. First, on 21 November 2022, Fabricio Fortese defended a thesis titled Early Determination of Arbitral Jurisdiction – Balancing efficacy, efficiency, and legitimacy of arbitration. On 2 December 2022, Monica Seifert will defend a thesis on […]
In its judgment in the case of ROI Land Investments, C-604/20, rendered on 20 October 2022, the CJEU discussed two key features of the employment protection mechanisms of the Brussels I bis Regulation. Firstly the Court clarified who is to be considered an employer by holding that the employer is not necessarily the entity that formally concluded […]
According to Article 7 point 1 of the Brussels I bis Regulation, proceedings in matters relating to a contract may be brought in the courts for the place of performance of the obligation in question. For the rule to be applied, it needs to be a matter relating to a contract. The issue of whether there […]
In a decision (“views”) adopted on 1 June 2022 (CRC/C/90/D/121/2020), the UN Child Rights Committee (CRC) held that the best interest of a child must be taken into consideration before a child is returned after an unlawful retention. The CRC primarily monitors compliance with the Convention on the Rights of the Child (Child Convention). In a decision […]
The Danish Supreme Court held in a judgment of 31 May 2022 (case 134/2018), that Danish law should be applied for tort liability for assaults committed during the military operation Green Desert in Iraq in 2004. In the aftermath of the war in Iraq in 2003, Iraq was controlled and administrated by international coalition forces. Danish […]
Professor Maarit Jänterä-Jareborg has retired after having been professor in private international law at Uppsala University in Sweden for 23 years. To pay her tribute, the anthology Festskrift till Maarit Jänterä-Jareborg (“Essays in Honour of Maarit Jänterä-Jareborg”) has been edited by Margareta Brattström, Marie Linton, Mosa Sayed and Anna Singer. The anthology contains 22 contributions as […]
In a judgment of 14 June 2022 (case T 3379-21) the Swedish Supreme Court held that the United Nation’s 1956 Convention on the Contract for the International Carriage of Goods by Road (CMR) takes precedence over the Rome I Regulation on the law applicable to contractual obligations and that the Convention shall be applied as implemented […]
The Swedish Labour Court held on 1 June 2022 (interim decision AD 2022 No. 33) that an industrial action taken in Sweden in sympathy with Ukraine was not lawful as it was not proven that a lawful primary action had taken place in Ukraine according to Ukrainian law on international sympathy actions. Since Russia invaded […]
The Swedish Supreme Court held in a decision of 8 April 2022 (case Ö 4651-21) that a defendant domiciled in Denmark can be ordered to produce documents to a Swedish court without assistance or allowance from Danish authorities. The issue arose in the framework of proceedings for maintenance brought by a daughter in Sweden against […]