On 2 December 2025, the Court of Justice gave its ruling in Apple Nederland Store (case C-34/24), on the interpretation of Article 7(2) of the Brussels I bis Regulation in cases regarding infringements of cartel law. A first comment on the judgment, by Burkhard Hess, was published on this blog the day after the judgment […]
This post was written by Dr Franziska Arnold-Dwyer, Associate Professor of Law at University College London (UCL). On 24 November 2025, the Privy Council handed down judgment in Credit Suisse Life (Bermuda) Ltd v Ivanishvili [2025] UKPC 53 in an appeal from the Court of Appeal for Bermuda. By way of background, it is worth […]
The third edition of the EAPIL Winter School will take place in Como between 2 and 6 February 2026. The upcoming edition’s general topic is Values in Private International Law. Day 1 will be about the protection of weaker contractual parties. The concerns surrounding torts will be dealt with in Day 2. Day 3, on […]
This post was written by Elizabeth Stuart Perry, Senior Lecturer/Associate Professor at Department of Law at Uppsala University and a Californian attorney. It is the third contribution to the EAPIL on-line symposium on the judgment of the Court of Justice of the European Union in Cupriak Trojan. The previous posts, by Laima Vaige and Alina Tryfonidou, […]
This post was written by Alina Tryfonidou, Assistant Professor in EU law and Family law at the University of Cyprus. It is the second contribution to the EAPIL on-line symposium on the judgment of the Court of Justice of the European Union in Cupriak Trojan. The previous post, by Laima Vaige, can be found here. […]
This post was written by Laima Vaigė, Associate Professor and Senior Lecturer in Private International Law at Uppsala University. It is the first contribution to the EAPIL on-line symposium on the ruling of the Court of Justice in Cupriak-Trojan. The Court of Justice of the European Union delivered a landmark Grand Chamber judgment in Cupriak-Trojan (C-713/23) […]
The Court of Justice gave on 25 November 2025 its much-awaited judgment in Cupriak-Trojan (C-713/23). The ruling clarified the implications of Article 20 and Article 21(1) of the Treaty on the Functioning of the European Union (TFEU), concerning the citizenship of the Union, for the recognition of same-sex marriages across the Member States of the EU. […]
This post was contributed by Burkhard Hess, who is professor at the University of Vienna. Two more contributions on the ruling of the Court of Justice in Apple Store Nederland appeared on this blog since this post was published, one by Jorg Sladic, the other by Gilles Cuniberti. On 2 December 2025, the Grand Chamber […]
This post was written by Birgit van Houtert and Marco Pasqua, co-Chairs of the EAPIL Working Group on Anti-SLAPP Directive Transpositions, as report of the Working Group’s second meeting. This post follows up on the report (Part I). The second meeting of the Working Group provided an overview of a selection of national transposition acts […]
This post was written by Birgit van Houtert and Marco Pasqua, co-Chairs of the EAPIL Working Group on Anti-SLAPP Directive Transpositions. It is the first part of a report on the Working Group’s second meeting. This post continues with the report (Part II). On 18 November 2025, the EAPIL Working Group on Anti-SLAPP Directive Transpositions […]
This year’s General Assembly of the European Association of Private International Law will take place (digitally) this Friday, 28 November 2025, at 5 pm CET. The agenda and the login details for the meeting have been sent to all members by email on 1 October 2025. Those who have not received these documents, or need […]
The author of this post is Massimo Benedettelli, formerly a Professor of International law at the University of Bari “Aldo Moro”. One of the leading jurists of the twentieth century has passed away. If the Italian academic tradition requires all international law professors to be versed in conflicts and the law of nations at once, […]
This post was written by Aygun Mammadzada, Lecturer (Assistant Professor) in Law at the Swansea University. It is the fifth contribution to the EAPIL online symposium on the Law Commission of England and Wales’s Consultation Paper on Digital Assets and Electronic Trade Documents in Private International Law. The post is based on the author’s presentation […]
This post was written by Sagi Peari, Associate Professor in Private and Commercial Law at the University of Western Australia Law School. It is the fourth contribution to the EAPIL online symposium on the Law Commission of England and Wales’s Consultation Paper on Digital Assets and Electronic Trade Documents in Private International Law. Readers are encouraged […]
This post was written by Matthias Lehmann, Professor at the University of Vienna. It is the third contribution to the EAPIL online symposium on the Law Commission of England and Wales’s Consultation Paper on Digital Assets and Electronic Trade Documents in Private International Law. Readers are encouraged to participate in the discussion by commenting on the […]
This post was written by Burcu Yüksel Ripley, Professor at the University of Aberdeen School of Law. It is the second contribution to the EAPIL online symposium on the Law Commission of England and Wales’s Consultation Paper on Digital Assets and Electronic Trade Documents in Private International Law. Readers are encouraged to participate in the […]
This post was written by Koji Takahashi, Professor at the Doshisha University Law School. It is the first contribution to the EAPIL online symposium on the Law Commission of England and Wales’s Consultation Paper on Digital Assets and Electronic Trade Documents in Private International Law. Readers are encouraged to participate in the discussion by commenting […]
This post was contributed by Gilles Cuniberti, Brooke Marshall and Louise Ellen Teitz. They are the authors (with the late Peter Mankowski) of a commentary on the 2005 Hague Convention on Choice of Court Agreements forthcoming with Edward Elgar. On 9 October 2025, the CJEU delivered its judgment in Case C-540/24, Cabris Investment already discussed […]
After two successful editions (here and here), the new edition of the EAPIL Winter School is scheduled to held on-site in Como, in the cloister of the Basilica di Sant’Abbondio, from 2 to 6 February 2026. It is organised by the European Association of Private International Law and the Department of Law, Economics and Cultures of the […]
Earlier this year, Symeon Symeonides posted on SSRN an essay written in the occasion of a symposium titled 50 Years in the Conflicts Vineyard, which was held in the author’s honor in May 2024 at Willamette University Law School and sponsored by the Association of American Law Schools Section on Conflict of Laws. The essay […]
This post was contributed by Heloise Meur, who is a lecturer at Paris 8 University. International distribution agreements are a significant source of litigation which result in legal uncertainty. First, these contracts are not typical ones: they belong to a group of contracts which organize a kind of cooperation between the parties. Second, they are […]
Professors Marilyn Freeman (University of Westminster, UK) and Nicola Taylor (University of Otago, NZ) are carrying out a research project on international child abduction. The research investigates what happens after children have been removed to, or retained in, a country in a way which is considered wrongful in law. This is an issue which has […]
An e-mail has been sent to the members of the European Association of Private International Law, to invite them to attend invitation the a meeting of the General Assembly, due to take place via Zoom on Friday, 28 November 2025, at 5 pm CET. The Assembly will discuss, inter alia, about possible amendments to the […]
The author of this post is Francesca Maoli, a researcher in international law at the University of Genova. The handling of international child abduction cases raises human rights concerns. The solutions introduced by the 1980 Hague Convention and, in the EU, by the Brussels II-ter Regulation, have been interpreted in the light of children’s rights. […]
On various occasions in the past we have warned the readers of this blog of fraudulent e-mails sent to EAPIL members by persons impersonating Gilles Cuniberti, the President of the Association. As customary with this kind of scams, the scammers ask for money, and insist to have it urgently. Just don’t let them fool you. […]
As already announced on this blog, the next edition of the Winter School of the European Association of Private International Law will take place in Como from 2 to 6 February 2026. The general topic of the upcoming edition is Values in Private International Law. The teaching staff will consist of Laura Carpaneto (University of […]
Isabelle Jäger-Maillet, a family lawyer who also serves as the International Coordinator for the German Institute for Youth Services and Family Law in Heidelberg (DIJuF), kindly provided a presentation of her dissertation titled Fortentwicklung des grenzüberschreitenden Unterhaltsvorschussregresses, on the improvement of maintenance recovery by public bodies, recently published by Wolfgang Metzner Verlag. In European countries, […]
This post was written by Sara Migliorini and João Ilhão Moreira, who both teach at the Faculty of Law of the University of Macau. It builds on article they co-authored, titled Clashing Frameworks: the EU AI Act and Arbitration, just published on the European Journal of Risk Regulation. The EU AI Act (hereinafter, the “Act” […]
The author of this post is Michiel Poesen, co-director of the Centre for Private International Law and Transnational Governance and lecturer of private international law at the University of Aberdeen. This post considers which country’s copyright law governs the training and development (“T&D”) of generative AI (“GenAI”) for commercial purposes. It does so from a […]
This post was written by Paul Eichmüller, University of Vienna. A recent decision by the Regional Civil Court of Vienna has sparked controversy in Austrian media. The outcry was due to the fact that the court allowed the enforcement of a domestic arbitral award that was based on “Islamic law (Ahl as-Sunna wa-l-Ǧamāʿa) according to […]
The author of this post is Federica Sartori, PhD student at the University of Pavia. A pending case, Tatrauskė (C-789/23), offers the Court of Justice an opportunity to rule on the relationship between the EU citizens’ right to free movement and residence under Article 21 TFEU and national legislation on the registration of marriage property […]
The EAPIL blog will be publishing fewer posts than usual in the course of August. As in previous years, there will be no more than two or three posts per week until 25 August, when we plan to resume our usual pace. Potential guests are encouraged to keep submitting their proposals at blog@eapil.org, in the […]
The author of this post is Pierfrancesco Rossi, tenured researcher of International Law at the University of Teramo. On 5 June 2025, the Hague Court of Appeal declined to grant exequatur to a Ukrainian judgment holding Russian energy giant Gazprom jointly and severally liable for material damages incurred during Russia’s invasion of the country. The […]
The authors of this post are Birgit van Houtert and Marco Pasqua, co-Chairs of the EAPIL Working Group on Anti-SLAPP Directive Transpositions. The post is the result of the collective work of the members of the Working Group. On 27 June 2025, the EAPIL Working Group on Anti-SLAPP Directive Transpositions held its first online meeting, […]
This post was written by Marco Buzzoni, Doctoral Researcher at the Luxembourg Centre for European Law (LCEL). By a post of 16 July 2025, Professor Gilles Cuniberti reported on this blog about a ruling of the Grenoble Court of Appeal that refused enforcement of a Luxembourg judgment because the certificate required by Article 53 of the […]
Building on the success of the two previous editions (here and here), the third edition of the EAPIL Winter School is currently being organised by the European Association of Private International Law and the Department of Law, Economics and Cultures of the University of Insubria in Como, in cooperation with the Law Faculty of the University […]
The special course given by Andrés Rodríguez Benot (Pablo de Olavide University Sevilla) at the Hague Academy of International Law on Le régime économique des mariages et des partenariats enregistrés en droit international privé (The Property Regime of Marriages and Registered Partnerships in Private International Law) has been published in Volume 445 of the Collected […]
The author of this post is Rob Rooman, PhD Researcher at KULeuven. Ever since its adoption, the future of Directive (EU) 2024/1760 of the European Parliament and of the Council of 13 June 2024 on corporate sustainability due diligence (hereinafter, the CS3D) has been unsure. The Directive in general is facing significant political resistance, and […]
The author of this post is Nishat Hyder-Rahman, Postdoctoral Research Fellow, MSCA Impact Fellowship Programme, Department of Private and Economic Law, Vrije Universiteit Brussel. She is also a volunteer researcher at GlobalARRK and presented findings from the GlobalARRK report in panel 2 of the conference. The views expressed in this post are the author’s own, […]
This post was contributed by Fabien Marchadier, who is a professor of private international law at the University of Poitiers. On 28 May 2025, the Cour de cassation delivered its judgment in Real Madrid Club de Fútbol v. Société éditrice Le Monde following the preliminary ruling by the Court of Justice of the European Union […]
The author of this post is Antonio Leandro, Professor of Public and Private International Law at the University of Bari (Italy). On 23 January 2025, the German Federal Court of Justice (Bundesgerichtshof) submitted a request for a preliminary ruling to the Court of Justice of the European Union concerning Article 6(1) of Regulation (EU) 2015/848 […]
The European Association of Private International Law calls for expressions of interest from its members in participating in a Working Group on Anti-SLAPP Directive Transpositions (hereinafter, ‘WG’). The WG, co-chaired by Birgit van Houtert (Netherlands) and Marco Pasqua (Italy), seeks to contribute to the study and development of private international law (PIL) by identifying challenges […]
The author of this post is Jonathan Schenk (University of Antwerp). The EAPIL Working Group on International Property Law will hold its seventh in-person meeting in Antwerp from 22 to 24 May 2025. The University of Antwerp will warmly receive the participants as host of the meeting. Since its establishment nearly four years ago, the […]
This post was written by Lea Marion who is a Member of the Paris Bar. The legal characterization of claims for abrupt termination of established commercial relationships — an action specific to French law (Article L. 442-1, II of the French Commercial Code) — continues to be a fertile ground for uncertainty and doctrinal debate. […]
Stefano Dominelli (Univ. of Genova) has authored ‘Regolamento Bruxelles I bis e US jurisdiction in personam: riflessioni e proposte su condivisioni valoriali, influenze e osmosi di metodi’ (Editoriale Scientifica, Napoli, 2025). The volume, in Italian (with the conclusive chapter also translated in English) is freely accessible online. He has shared the following presentation of his […]
The author of this report is Meltem Ece Oba (Koç University, Istanbul). The post is being published simultaneously on Conflictoflaws.net and on the EAPIL blog. On 20-21 March 2025, a conference on “Characterisation in the Conflict of Laws” was convened at St Hilda’s College, Oxford. Under the auspices of the Institute of European and Comparative […]
The European Association of Private International Law calls for expressions of interest from its members in participating in a Working Group on the private international law aspects of digital tokens. The immediate goal of the establishment of the Working Group is to prepare for the participation of and represent EAPIL in an Experts’ Group on […]
The European Association of Private International Law has established a Working Group to deal with the private international law aspects of carbon markets. Alex Mills agreed to serve as chair. The immediate goal of the Working Group is to prepare for the participation of EAPIL in the Experts’ Group on the private international law issues […]
The European Association of Private International Law calls for expressions of interest from its members in participating in a Working Group on Trusts and Institutions Analogous to Trusts in the context of the 1985 Hague Trusts Convention. The immediate goal of the establishment of the Working Group is to prepare for the participation of and […]
The author of this post is Antonio Leandro, Professor of Public and Private International Law at the University of Bari (Italy). On 27 March 2025, the Court of Justice delivered its judgment in the Auto1 European Cars case (C-186/24 Matthäus Metzler, acting as insolvency practitioner in insolvency proceedings, v Auto1 European Cars BV), which deals […]
The author of this post is Lydia Lundstedt, who is an Associate Professor and Senior Lecturer at Stockholm University and Linköping University. In the interest of transparency, the author makes known that she previously wrote an expert legal opinion on behalf of BSH Hausgeräte. On 25 February 2025, the Grand Chamber of the Court of Justice […]
Building on the success of the two previous editions (here and here), a new edition of the EAPIL Winter School is currently being organized by the European Association of Private International Law and the Department of Law, Economics and Cultures of the University of Insubria in Como, in cooperation with the Law Faculty of the […]
This post was written by Birgit van Houtert, Assistant Professor of Private International Law at Maastricht University. It builds on an article titled ‘The Anti-SLAPP Directive in the Context of EU and Dutch Private International Law: Improvements and (Remaining) Challenges to Protect SLAPP targets’, featured in issued 4 of 2024 of Nederlands Internationaal Privaatrecht. Apart from providing […]
This post was written by Silvia Marino, Professor of EU law at the University of Insubria in Como, and Director of the EAPIL Winter School. The second edition of the EAPIL Winter School in European Private International Law took place at the Department of Law, Economics and Cultures of the University of Insubria in Como […]
After the first successful conferences in Aarhus (2022) and Wroclaw (2024), the European Association of Private International Law is set to hold its next conference in Geneva, on 18, 19 and 20 June 2026. The title chosen for the conference is Shaping the Future of Private International Law in Europe. Further details on both the […]
The first book in the European Association of Private International Law series, announced in an earlier post on this blog, is out. Edited by Morten M. Fogt (Aarhus University), the volume, published by Edward Elgar, builds on the presentations delivered at the EAPIL Founding Conference held in Aarhus in June 2022. The chapters discuss current […]
This post has been written by Michiel Poesen, lecturer in private international law at the University of Aberdeen. The author asks the question whether the territorial scope of the European AI Act and the Revised Product Liability Directive are consistent. Both instruments are intended to work in tandem. While the former sets out the obligations […]
This post was written by Ottavia Cazzola, a PhD candidate at the University of Barcelona Barcelona participating in Action Grant “Towards Universal Parenthood in Europe (UniPAR)” (JUST-2023-JCOO; Project ID: 101137859). On 4 December 2024, the Spanish Supreme Court issued a decision stating that the recognition of a foreign judgment establishing filiation regarding the commissioning parents […]
This post has been written by Yiannis Bazinas, Managing Partner, Bazinas Law Firm, Athens, Greece. The effect of insolvency proceedings on assets located in different jurisdictions is perhaps the most typical issue one encounters in cross-border insolvency cases. Still, under English law, the rather fundamental question of what effect a foreign insolvency has on assets […]
As announced on this blog, the Faculty of Laws of University College London will host the 20th Anniversary Conference of the Journal of Private International Law on 11, 12 and 13 September 2025. The call for paper issued for this purpose will end on 17 January 2025. Submissions should be sent by that date to […]
This post has been written by Delphine Porcheron, Maître de conférences HDR, University of Strasbourg. On 14 November 2024, the Administrative Court of Paris dismissed a lawsuit filed by Rwandan citizens and associations seeking to hold the French State accountable for its role in the 1994 genocide against the Tutsi in Rwanda, a massacre that […]
This post has been written by Artur Doržinkevič, a PhD candidate and a lecturer at Mykolas Romeris University. On 21 November 2024, the Lithuanian Court of Appeal issued a ruling in civil case No. e2-651-912/2024, which provided further clarification regarding anti-SLAPP procedures as they pertain to lawyers. Although the case concerned domestic anti-SLAPP procedure, the […]
This post was written by Elena Alina Onţanu, Assistant Professor at the University of Tilburg, and Carlos Santaló Goris, Postdoctoral Researcher at the University of Luxembourg. The Bulgarfrukt judgment is the latest in a series of cases submitted by national judges to the Court of Justice of the European Union (CJEU) in which the service […]
This post has been written by Bryan (H.B.) Verheul, PhD Candidate in Private International Law, Leiden University. He attended the Advanced Course in Hong Kong as a participant. Between 2 and 6 December 2024, the second edition of The Hague Academy of International Law’s Advanced Course on Recognition and Enforcement of Judgments in Civil and […]
It’s been another busy year for the EAPIL blog. More than 300 new posts have been published over the past twelve months. Around 80 of them focused on cases brought before the Court of the Justice of the EU, the European Court of Human Rights and domestic judicial authorities. There were fewer posts on case […]
All best wishes to the members of the European Association of Private International Law, the readers of (and subscribers to) the EAPIL Blog, the guest bloggers and all those involved in the Association’s events. Relatively few posts will be published on the EAPIL blog in the coming days. We’ll resume our usual pace on 6 […]
This post has been written by Ekaterina Aristova, Leverhulme Trust Early Career Fellow, Bonavero Institute of Human Rights, Faculty of Law, University of Oxford. It is the sixth and final post in the EAPIL blog on-line symposium on Ekaterina Aristova, Tort Litigation against Transnational Corporations: The Challenge of Jurisdiction in English Courts (OUP 2024). The […]
This post has been written by Dalia Palombo, Assistant Professor of Human Rights Law, Department of Public Law and Governance, Tilburg University. It is the fifth post in the EAPIL blog on-line symposium on Ekaterina Aristova, Tort Litigation against Transnational Corporations: The Challenge of Jurisdiction in English Courts (OUP 2024). The others contributions, by Ekaterina Aristova, […]
This post has been written by Mukarrum Ahmed, Lecturer in Business Law, Lancaster University. It is the fourth post in the EAPIL blog on-line symposium on Ekaterina Aristova, Tort Litigation against Transnational Corporations: The Challenge of Jurisdiction in English Courts (OUP 2024). The others contributions, by Ekaterina Aristova, Peter Muchlinski, Geert Van Calster, Dalia Palombo […]
This post has been written by Geert Van Calster, Professor of Private International Law, KU Leuven and member of the Belgian Bar. It is the third post in the EAPIL blog online symposium on Ekaterina Aristova, Tort Litigation against Transnational Corporations: The Challenge of Jurisdiction in English Courts (OUP 2024). The others contributions, by Ekaterina Aristova, […]
This post has been written by Peter Muchlinski, Emeritus Professor of International Commercial Law, The School of Law, Gender and Media, SOAS, University of London. It is the second post in the EAPIL blog online symposium on Ekaterina Aristova, Tort Litigation against Transnational Corporations: The Challenge of Jurisdiction in English Courts (OUP 2024). The others […]
This post has been written by Ekaterina Aristova, Leverhulme Trust Early Career Fellow, Bonavero Institute of Human Rights, Faculty of Law, University of Oxford. It is the first post in the EAPIL blog online symposium on Ekaterina Aristova, Tort Litigation against Transnational Corporations: The Challenge of Jurisdiction in English Courts (OUP 2024). The others contributions, […]
The readers of tis blog are aware that the second edition of the EAPIL Winter School on private international law will take place in Como between 10 and 15 February 2025. Organised by the University of Insubria, in cooperation with the Jagiellonian University in Kraków and the University of Murcia, the 2025 edition is about multistate […]
This post was written by Prof. Dr. Giesela Rühl, LL.M. (Berkeley), Humboldt University of Berlin, and is also available via conflictoflaws.net. As reported earlier on this blog, Germany has been discussing for years how the framework conditions for the settlement of (international) commercial disputes can be improved. Triggered by increasing competition from international commercial arbitration […]
This post was written by Verena Wodniansky-Wildenfeld. On 28 November 2024, the University of Vienna, in cooperation with the Association Henri Capitant (German and Belgian branches) and the Interdisciplinary Association of Comparative and Private International Law (IACPIL), will host a conference on The Reform of Belgian Property Law and Law of Obligations. The event will […]
This post is authored by Antonio Leandro, Professor of Public and Private International Law at the University of Bari. On 14 November 2024, the Court of Justice delivered its judgment in the Oilchart case (C-394/22 Oilchart International NV v O.W. Bunker (Netherlands) BV, ING Bank NV), which deals with the ‘insolvency exception’ provided in Article […]
‘Digital Assets in Scots Private Law: Innovating for the Future‘ is a research project led by the University of Aberdeen with collaborators from the University of Edinburgh, University of Dundee (formerly from Edinburgh Napier University) and international law firm CMS. The third workshop of the project examined the Intra-UK and International Dimensions of Digital Assets […]
This post was contributed by Fabien Marchadier, who is a professor of private international law at the University of Poitiers. On 4 October 2024, the Court of Justice of the European Union delivered its judgment in Case C-633/22 Real Madrid Club de Fútbol v. Société éditrice Le Monde. The judgment explores the relationship between the public policy […]
Javier Carrascosa González (University of Murcia) and Esperanza Castellanos Ruiz (University Carlos III of Madrid) kindly accepted the invitation of the editors of the EAPIL blog to prepare a post as special editors of Vol. 16 No. 2 (2024) of Cuadernos de Derecho Transnacional, issued as a special edition dedicated to Studia Amicorum Alfonso-Luis Calvo […]
This post was written by Etienne Farnoux, who is Professor of Private Law at the University of Strasbourg. It is the third contribution to the EAPIL online symposium on the UK Supreme Court Judgment in UniCredit Bank GmbH v RusChemAlliance LLC [2024] UKSC 30. The previous contributions, by Manuel Penades and Faidon Varesis can be found […]
This post was written by Faidon Varesis, who is Assistant Professor in Private International Law and International Dispute Resolution at the University of Cambridge and a Fellow of St John’s College. It is the second contribution to the EAPIL online symposium on the UK Supreme Court Judgment in UniCredit Bank GmbH v RusChemAlliance LLC [2024] UKSC […]
This post was written by Manuel Penades, who is Reader in International Commercial Law at King’s College London. It is the first contribution to the EAPIL online symposium on the UK Supreme Court Judgment in UniCredit Bank GmbH v RusChemAlliance LLC [2024] UKSC 30. The other contributions, by Faidon Varesis and Etienne Farnoux, can be found […]
On 8 November 2024 Gunnar Bramstång will publicly defend his doctoral thesis on economic sanctions in private international law at Lund University in Sweden. The thesis, written in Swedish, is titled Ekonomiska sanktioner i svensk internationell privat– och processrätt (Economic Sanctions in Swedish Private International Law) and is available in its entirety here. The English abstract […]
The author of this post is Helga Luku, a PhD researcher at the University of Antwerp. Five months after Advocate General De La Tour delivered his Opinion (see further here), the Court of Justice finally gave its judgment on the Mirin case on 4 October 2024. The Cour ruled that Articles 20 and 21(1) of […]
This post was contributed by Vincent Richard, who practices with Wurth Kinsch Olinger in Luxembourg. On 4 October 2024, the Court of Justice delivered its judgment in case C‑494/23 [Mahá]. The decision, which was rendered without an Opinion from the Advocate General, provides a useful clarification on the material scope of Regulation No 1215/2012 (Brussels […]
This post has been written by Reef Alfahad, a PhD candidate at King’s College London. On 17 October 2024, a conference on ‘The Anglo-French Approaches to Arbitration’ will take place at King’s College London, UK. This conference will discuss how the French and English approaches differ when dealing with corruption in arbitration and anti-suit injunctions, […]
This post was written by Mathilde Codazzi, who is a doctoral student at Paris II Pantheon-Assas. On 2 October 2024, the French Cour de cassation issued two decisions regarding respectively the conditions for declaring enforceable foreign judgments establishing legal parentage between a child born abroad to a surrogate mother and the intended parents and the effects […]
The author of this post is Nishat Hyder-Rahman, Postdoctoral Research Fellow, MSCA Impact Fellowship Programme, Department of Private and Economic Law, Vrije Universiteit Brussel. A previous post on this post discussed the chamber decision of the European Court of Human Rights (ECtHR) in the case of Verhoeven v France. The case concerned whether the French […]
This post is authored by Antonio Leandro, Professor of Public and Private International Law at the University of Bari. On 19 September 2024, the Court of Justice delivered its judgment in case C-501/23 DL v Land Berlin, which deals with the functioning of the COMI in Regulation (EU) 2015/848 on insolvency proceedings (‘EIR’). The Court […]
The author of this post is Nishat Hyder-Rahman, Postdoctoral Research Fellow, MSCA Impact Fellowship Programme, Department of Private and Economic Law, Vrije Universiteit Brussel. On 28 March 2024, the European Court of Human Rights (ECtHR) ruled on the case of Verhoeven v France. The case concerned whether the French courts’ application of the Hague Convention […]
The author of this post is Lydia Lundstedt, who is an Associate Professor and Senior Lecturer at Stockholm University, and currently a STINT fellow at the University of Botswana. In the interest of transparency, the author makes known that she previously wrote an expert legal opinion on behalf of BSH Hausgeräte. On 5 September 2024, […]
The central theme of the latest issue of the Revue critique de droit international privé (announced on this blog here) is migration. While most of the articles focus on the new French statute to control immigration and improve integration, Hans van Loon takes a broader perspective and argues in the opening article (La nécessité d’un cadre […]
This post was written by Felix M. Wilke, Bayreuth, although the metaphors almost wrote themselves. Money Does not Grow on Trees… The idea of investing in trees, i.e. in growing valuable types of wood, has popped up in the PIL community at least because of a 2022 judgment by the CJEU (that Matthias Lehmann covered […]
As several among our readers (and editors!) are enjoying the summer break, the EAPIL blog will slow down its activity over the next few weeks. There will be just a couple of posts every week until the end of August, when the usual five-post-a-week pace will resume. Have a great summer!
Building on the success of the first edition, a new edition of the EAPIL Winter School is being organized by the European Association of Private International Law, together with the Department of Law, Economics and Cultures of the University of Insubria in Como (Italy), with the Law Faculty of the University of Murcia (Spain) and […]
This post was written by Fabienne Jault-Seseke, who is Professor of Private Law at the University of Versailles Saint-Quentin (Paris Saclay). On 12 June 2024, the French Supreme Court for civil and criminal matters (Cour de cassation) confirmed in a ruling that the “primary” matrimonial property regime is defined by mandatory laws, which are applicable […]
By Professor Jerca Kramberger-Škerl, University of Ljubljana. ‘Speaks 13 languages, can tell a joke in 7, can lecture in 8.’ This was the headline of a 2015 article in the Slovenian newspaper Dnevnik, marking the third appointment of Marko Ilešič as the Slovenian judge at the Court of Justice of the European Union. Indeed, being […]
This post was written by François Mailhé, who is Professor of Private Law at the University of Picardie Jules Verne. The author thanks Justice Fulchiron for changing the Cour de cassation‘s practice and making his preliminary report available to the public on the Court’s website, thus providing a new source of information on the Court’s […]
The authors of this post are Leon Theimer (Humboldt University of Berlin) and Nicolas Dewitte (Humboldt University of Berlin). Introduction From 6 to 8 June, around 100 members of the EAPIL gathered in the captivatingly charming city of Wrocław in Poland for the 2024 EAPIL conference on ‘Private International Law and Global Crises’. Over the […]
The author of this post is Manuel Penades Fons, Reader in International Commercial Law at the Dickson Poon School of Law at King’s College London, United Kingdom. Introduction In Oilchart the CJEU needs to decide whether a creditor can commence proceedings in an EU Member State against a party which is already subject to insolvency […]
This is the third post of the online symposium on the recent judgment of the CJEU in Air Berlin (see also here). It is authored by Patrick Wautelet (University of Liege, Belgium), who contributed to the recent Elgar Commentary on the European Insolvency Regulation and Implementing Legislations. The first post was authored by Ilaria Queirolo […]
Olga Ceran (Leiden University) has kindly prepared this presentation of her recent book titled Cross-Border Child Relocation in the EU – The Dynamics of Europeanisation published by Intersentia in 2024 in its European Family Law series. This book is the first monograph to investigate cross-border child relocation as a unique legal issue in the EU context. The […]
This is the second post in the online symposium on the recent judgment of the CJEU in Air Berlin (see also here). It is authored by Antonio Leandro (University of Bari, Italy), who edited and contributed to the recent Elgar Commentary on the European Insolvency Regulation and Implementing Legislations. The first post was authored by […]
This is the first post in the online symposium on the recent judgment of the CJEU in Air Berlin (see also here). It is authored by Ilaria Queirolo and Stefano Dominelli (University of Genoa, Italy), who contributed to the recent Elgar Commentary on the European Insolvency Regulation and Implementing Legislations. In Air Berlín Luftverkehrs KG, […]
On 18 April 2024, the CJEU delivered its judgment in Joint Cases C-765/22 and C-772/22, Air Berlin Luftverkehrs KG. The judgment, which was briefly presented on this blog, addresses several novel issues related to the application of the European Insolvency Regulation. In the coming days, the EAPIL Blog will host an online symposium on this case. […]
The second conference of the European Association of Private International Law will take place in Wrocław on 6-8 June 2024. As the readers of this blog know, the topic of the event will be Private International Law and Global Crises. Organised by Agnieszka Frąckowiak-Adamska, the conference will begin on 6 June, in the afternoon, with […]
The author of this post is Helga Luku, a PhD researcher at the University of Antwerp. In his opinion of 7 May 2024 in C-4/23, Mirin, Advocate General (AG) Richard De la Tour asserted that the refusal of the recognition in one Member State of a change of gender obtained in another Member State by […]
The author of this post is Martin Gebauer (Eberhard Karl University of Tübingen). Erik Jayme passed away on 1 May 2024, just five weeks before his expected celebration of his ninetieth birthday. He was born on 8 June 1934, in Montréal, in the francophone Canadian province of Québec. His parents were married on Christmas 1930 […]
The editors of the blog of the European Association of Private International Law are sad to learn of the passing away of Erik Jayme. He would have turned 90 in a few weeks. Erik Jayme’s work, spanning over six decades, has had a distinctive influence on the renewal of private international law discourse. Among many […]
Marie Linton (Uppsala University) has kindly prepared this presentation of her recent book titled ‘Erkännande och verkställighet av utländska domar i förmögenhetsrätt‘ (Recognition and Enforcement of Foreign Judgments in Commercial Matters), published by Norstedts Juridik 2023. What is the significance of a foreign judgment in Sweden? Is the judgment effective? Can assets in Sweden be seized […]
This post was written by Mathilde Codazzi, who is a doctoral student at Paris II Pantheon-Assas. In a judgment of 7 February 2024, the French Cour de cassation ruled that a compensatory allowance claim (“prestation compensatoire”) brought before French courts after the divorce was granted by a Belgian judgment is inadmissible. Background The spouses had […]
Marcel Zernikow (University of Pau and Pays de l’Adour) has kindly prepared this presentation of his recent book titled Les règles de conflit de lois confrontées au marché intérieur. Étude en droit international privé européen du travail (Conflict of Law Rules Confronted with the Internal Market. A Study of the European Private International Law of […]
This post was prepared by Nadia Rusinova (The Hague University of Applied Sciences). In a world where marriages often transcend borders and cultural lines, the challenges of international family law become ever more evident. Two recent Dutch court decisions provide compelling insights into how the courts navigate complex cases involving divorce and marital property regimes […]
Many thanks to the members of the European Association of Private International Law who have accessed “MyEAPIL”, the area reserved to EAPIL members within the redesigned website of the Association. We are truly happy to see that several members find this innovation useful! If you’re a member, and haven’t done so yet, please retrieve the […]
The author of this post is Costanza Honorati, professor of EU Law at the University of Milan Bicocca. The JURI Committee of the European Parliament has commissioned and recently published an interesting Study on Parental Child Abductions to Third Countries. The Study is delivered by long-term expert Marilyn Freeman (University of Westminster), and builds on […]
Eva Jueptner (University of Dundee) has kindly shared a presentation of her book titled A Hague Convention on Jurisdiction and Judgments: Why did the Judgments Project (1992–2001) Fail? published by Intersentia in 2024. A Hague Convention on Jurisdiction and Judgments – Why did the Judgments Project (1992 -2001) Fail? provides the first comprehensive analysis of […]
Augustin Gridel (University of Lorraine) has kindly prepared a presentation in English of his monograph titled Marchés et instruments financiers en droit international privé (Financial Markets and Financial Instruments in Private International Law), published by Bruylant in 2023. The aim of this book is to describe the relationship between the law of financial markets and […]
A few days ago, the redesigned EAPIL website was launched. Among other things, it features a reserved area for members of the European Association of Private International Law (MyEAPIL). An automated e-mail message was sent to all the 560 members of the Association on 11 March 2024, with their personal login credentials. Several members have […]
The author of this post is Sara De Vido, Associate Professor of International Law at the Ca’ Foscari University of Venice. This post, drawn from a broader article (S. De Vido, ‘The Privatisation of Climate Change Litigation: Current Developments in Conflict of Laws‘ Jus Cogens 6, 65–88 (2024)), explores the promise of ecofeminism as a […]
As announced on this blog a few days ago, the website of the European Association of Private International Law has a new look and some new contents. Take a tour of the new website and learn about who we are, what we do, and how members can contribute to the Association’s goals, including by launching […]
The author of this post is Lydia Lundstedt, who is an Associate Professor and Senior Lecturer at Stockholm University. In the interest of transparency, author notes that she previously wrote an expert legal opinion on behalf of BSH Hausgeräte. On 22 February 2024, Advocate General (AG) Emiliou’s Opinion on the interpretation of Article 24(4) Regulation […]
The website you’re visiting has been on-line since December 2019. It has undergone only minor changes since. The time has come to offer readers some new features and a new design. Between 7 and 10 March 2024 a newly designed website will replace the existing one. Information on the European Association of Private International Law […]
This post was contributed by Horatia Muir Watt and Dominique Bureau, who are respectively professors at Sciences Po Law School (Paris) and Paris II Law Faculty. This is the fourth contribution to the EAPIL’s online symposium on the ruling of the Court of Justice in Inkreal, after the posts of Sergi Gimenez, Gilles Cuniberti and Pedro […]
The post below was written by Pedro De Miguel Asensio, who is Professor of Private International Law at the Complutense University of Madrid. This is the third contribution to the EAPIL’s online symposium on Inkreal, after the posts of Sergi Gimenez and Gilles Cuniberti. The main contribution of the Inkreal judgment is to establish that […]
This is the first contribution to the EAPIL’s Online Symposium on Inkreal. It is authored by Sergi Gimenez, who is an Associate Lecturer of Private International Law at the Universitat Pompeu Fabra in Barcelona and a partner in the law firm Augusta Abogados. The other contributions can be found here: Gilles Cuniberti, Pedro de Miguel […]
On 8 February 2024, the CJEU ruled in Inkreal s.r.o. v. Dúha reality s.r.o. (Case C‑566/22) that Article 25 of the Brussels I bis Regulation applies to clauses stipulated in domestic contracts if such clauses provide for the jurisdiction of the court of another Member State. Most early commentators have welcomed this judgment, including Geert […]
This post was written by Prof. Dr. Bea Verschraegen, Verena Wodniansky-Wildenfeld and Laurenz Faber. On 28 November 2023, the Interdisciplinary Association of Comparative and Private International Law (IACPIL) held a conference on the legal protection of vulnerable adults in Central and Eastern Europe. Against the backdrop of demographic and scientific developments impacting this field of the […]
Justin Borg-Barthet, Katarina Trimmings, Burcu Yüksel Ripley and Patricia Živković, from the University of Aberdeen, have accepted the invitation of the editors of the blog to present their co-edited book, titled ‘From Theory to Practice in Private International Law: Gedächtnisschrift for Professor Jonathan Fitchen’, published by Bloomsbury Publishing. The text below is cross-posted on Conflictoflaws.net. […]
This post was written by Silvia Marino, Professor of EU law at the University of Insubria in Como, and Director of the EAPIL Winter School. The first edition of the EAPIL Winter School in European Private International Law took place at the Department of Law, Economics and Cultures of the University of Insubria in Como […]
It has already been announced on this blog that the next EAPIL conference will take place in Wrocław (Poland) between 6 and 8 June 2024, and will be devoted to Private International Law and Global Crises. Those willing to join the conference may now register for the event through the dedicated conference website. Please note […]
René Jansen (former PhD Candidate at Tilburg University) has accepted the invitation of the editors of the blog to present his book, titled ‘Legal Privilege and Transnational Evidence-Taking – A Comparative Study on Cross-Border Disclosure, Evidence-Shopping and Legal Privilege’, published by Intersentia. The study is available in open access here. For the (revised) commercial edition, […]
The University of Antwerp has opened a vacancy for PhD research, which inter alia relates to EU private international law, under the supervision of Johan Meeusen and Mathieu Leloup. It concerns a four year doctoral scholarship, sponsored by the Research Foundation – Flanders (FWO), to write a PhD on mutual trust and rule of law […]
The graduate resesarch programme DynamInt (Dynamic Integration Order) of Humboldt University is inviting international PostDocs to apply for a short-term (3 to 6 months), fully paid research stay in Berlin. The PostDoc is supposed to pursue her/his research project in the field of European Law. She/he is also expected to interact with the group of […]
This post was written by Mathilde Codazzi, who is a doctoral student at the University Paris II Panthéon-Assas. In a judgment of 22 November 2023, the French Supreme Court has ruled that a court is “deemed to be seized” under Article 16(a) of the Brussels II bis Regulation at the time which the document instituting […]
As announced on this blog, registrations for the EAPIL Winter School, which is taking place in Como between 12 and 16 February 2024, will close on 25 January 2024 Organised by the University of Insubria, in cooperation with the Jagiellonian University in Kraków, the University of Murcia and the University of Osijek, this year’s edition […]
This blogpost is written by Stichting IJI (The Hague Institute for private international law and foreign law) On 13 June 2023 the Amsterdam Court of Appeal addressed the scope of Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in […]
The blog of the European Association of Private International Law has hosted some 300 posts in the course of 2023: 79 of them reported on (and analysed) recent case law, while 64 informed about (and discussed) recent normative developments, at the domestic, European and international level (in 2022, the blog published 75 posts on case […]
Biset Sena Güneş, senior research fellow at the Max Planck Institute for Comparative and International Private Law, has accepted the invitation of the editors of the blog to present her recent book, titled ‘Succession Upon Death: A Comparison of European and Turkish Private International Law’, written in English, and published by Mohr Siebeck. This book […]
Fabian Kratzlmeier (Chicago) has accepted the invitation of the editors of the blog to present his recent book, titled ‘Die Grenzüberschreitende Unternehmensrestrukturierung im Europäischen Rechtsrahmen’ (Cross-border corporate restructuring and European private international law), published by Mohr Siebeck. Reorganizing viable firms (instead of liquidating them) has been the state of the art in U.S. bankruptcy law […]
The European Group for Private International Law (GEDIP) has recently adopted a position paper on the proposal for a Council Regulation in matters of Parenthood. The Group welcomes that the EU intends to legislate in this field, since parenthood is a status from which persons derive numerous rights and obligations. However, the Group is of […]
Caroline Sophie Rapatz, Professor at the Christian-Albrecht University of Kiel, has accepted the invitation of the editors of the blog to present her recent book, titled ‘Das Internationale Privatrecht der EU – Vorbild oder Vormacht? Abgrenzungen und Wirkungen im Verhältnis zum nationalen und völkerrechtlichen Kollisionsrecht’ (European Union Private International Law – Role Model or Hegemony? […]
The author of this post is Carlos Santaló Goris, lecturer at the Centre for Judges and Lawyers of the European Institute of Public Administration (Luxembourg). On 26 October 2023, the High Regional Court of Karlsruhe (Oberlandesgericht Karlsruhe) rendered a judgment on an appeal confirming a decision of the Regional Court of Baden-Baden refusing to issue […]
Dr Mihail Danov, Associate Professor at the University of Exeter, has accepted the invitation of the editors of the blog to present his recent book, titled ‘Private International Law and Competition Litigation in a Global Context’, published in the Hart Publishing series on Studies in Private International Law. The book examines the private international law […]
This post has been written by Dr Bobby Lindsay, Lecturer at the University of Glasgow. He is the author of a forthcoming book in the OUP Private International Law Series, entitled Cross Border Public Law Claims: Private International Law’s Exclusionary Rules. Introduction It is not uncommon for a Rule formulated within Dicey, Morris and Collins […]
On 4 December 2023, at 6 p.m. CET, a free webinar will take place in preparation of the 2024 inaugural edition of the EAPIL Winter School on Personal Status and Family Relationships, which will be held on-site in Como between 12 and 16 February 2024 (a detailed brochure is available here). The webinar will give a glimpse […]
This post has been written by Sanja Marjanović (Faculty of Law, University of Niš, Serbia) and Uglješa Grušić (UCL). The 18th Regional Private International Law Conference will take place on 17 November 2023 at the Faculty of Law, University of Niš, Serbia, with the support of the Deutche Gesellschaft für Internationale Zusammenarbeit GmbH (GIZ). The theme […]
The author of this post is Costanza Honorati, professor of EU law and private international law at the University of Milan Bicocca. She chaired the working group that prepared a position paper on behalf of the European Association of Private International Law in view of the eight meeting of the Special Commission on the practical operation on […]
After the first successful conference in Aarhus in 2022, the next conference of the European Association of Private International Law (EAPIL) will be held from 6 to 8 June 2024 at the University of Wrocław, Poland. The local host will be Agnieszka Frąckowiak-Adamska. The Wrocław conference will focus on Private International Law and Global Crises. The […]
As announced on this blog, the inaugural edition of the European Association of Private International Law Winter School will take place in Como between 12 and 16 February 2024. Organised by the University of Insubria, in cooperation with the Jagiellonian University in Kraków, the University of Murcia and the University Osijek, this year’s edition of the […]
This post was written by Mathilde Codazzi, who is a doctoral student at the University Paris II Panthéon-Assas. In a judgment of 11 May 2023, the French Supreme Court For private and criminal matters (Cour de cassation) ruled that the requirement in the French civil code that the legal representatives of a child give their consent […]
Lydia Lundstedt, Senior Lecturer in Private International Law at the Stockholm University and in Intellectual Property Law at the Linköping University, has accepted the invitation of the editors of the blog to present her recent book, titled ‘Cross-Border Trade Secret Disputes in the European Union: Jurisdiction and Applicable Law’, published by Edward Elgar. In today’s knowledge-based […]
This post was written by Nadia Rusinova (Hague University of Applied Sciences). On 12 September 2023 a draft law to amend and supplement other statutes regarding the proceedings in civil cases under the application of the law of the European Union was submitted for consideration to the Bulgarian Parliament. The adoption of legislative changes in […]
The European Association of Private International Law, together with the Department of Law, Economics and Cultures of the University of Insubria (Italy), with the Law Faculty of the University of Murcia (Spain) and the Law Faculty of the Jagiellonian University in Kraków (Poland), is organising the first EAPIL Winter School. This inaugural edition will be […]
The post below was written by Giuditta Cordero-Moss, who is a Professor at the Department for Private Law, University of Oslo. It is the sixth and concluding contribution to the EAPIL online symposium on the English Law Commission’s proposed reform of the law governing arbitration agreements. The other posts are written by Alex Mills, Manuel […]
The post below was written by Matthias Lehmann, who is Chair for Private Law, International Private Law and Comparative Law at the University of Vienna and an editor of the EAPIL blog. It is the fifth contribution to the EAPIL online symposium on the English Law Commission’s proposed reform of the law governing arbitration agreements. […]
The post below was written by Sylvain Bollée, who is Professor at Paris 1 Panthéon-Sorbonne University. It is the fourth contribution to the EAPIL online symposium on the English Law Commission’s proposed reform of the law governing arbitration agreements. The other posts are written by Alex Mills, Manuel Penades, George Bermann, Matthias Lehmann and Giuditta Cordero-Moss. […]
The post below was written by George A Bermann, who is Walter Gellhorn Professor of Law and Jean Monnet Professor of European Union Law at Columbia Law School. It is the third contribution to the EAPIL online symposium on the English Law Commission’s proposed reform of the law governing arbitration agreements. The other posts are written by […]
The post below was written by Manuel Penades, who is a Reader in International Commercial Law at King’s College London. It is the second contribution to the EAPIL online symposium on the English Law Commission’s proposed reform of the law governing arbitration agreements. The other posts are written by Alex Mills, George Bermann, Sylvain Bollée, […]
The post below was written by Alex Mills, who is Professor of Public and Private International Law at University College London. It is the first contribution to the EAPIL online symposium on the English Law Commission’s proposed reform of the law governing arbitration agreements. The other posts are written by Manuel Penades, George Bermann, Sylvain […]
The editorial team of the EAPIL blog has just become a bit larger! Ugljesa Grusic, an Associate Professor at the Faculty of Laws of UCL, has kindly accepted to join our invitation: thanks a lot, Ugljesa, and welcome! Please check out Ugljesa’s first post here. It’s a rather special first post, as it announces an on-line symposium, […]
This post was written by Verena Wodniansky-Wildenfeld, University of Vienna. On 8 March 2023, the German Supreme Court issued a judgment on the paternity of two children. In the case at hand, the validity of the marriage of the mother, which gives rise to the presumption of paternity, had to be determined as a preliminary […]
The author of this post is Chukwuma Okoli, Assistant Professor in Commercial Conflict of Laws at the University of Birmingham, and Senior Research Associate at the University of Johannesburg. In a recent article, I explore what should be globally significant in a forum selection agreement as an indicator of the implied choice of law. This […]
A new anthology titled Applicable Law Issues in International Arbitration has been published in the Hague Academy of International Law’s Centre of Resarch Series. The book is the result of research undertaken by scholars accepted to the Centre for Studies and Research in International Law and International Relations in 2021. Giuditta Cordero-Moss and Diego P. […]
This post was written by Ralf Michaels and Antonia Sommerfeld, Max Planck Institute for Comparative and International Private Law, and is also available via conflictoflaws.net. The Draft for a Corporate Sustainable Due Diligence Directive currently contains no rules on jurisdiction. This creates inconsistencies between the scope of application of the Draft Directive and existing jurisdictional […]
The author of this post is Lydia Lundstedt, a Senior Lecturer at the Stockholm University. By a ruling of 17 May 2023 (No 13504), the Corte Suprema di Cassazione (Italian Supreme Court) held that the Italian courts lacked jurisdiction over an action concerning the non-infringement of an international design right. The decision raises several interesting […]
The authors of this post are Bernadette Boehl, Sophie Dannecker, Larissa Grundmann, Maira Gabriela Nino Pedraza (all University of Bonn). A series of webinars took place in May 2023 under the title The Future of Cross-Border Parenthood in the EU – Analysing the EU Parenthood Proposal. Experts from various Member States discussed the main elements of […]
As it is usual at this time of the year, the EAPIL blog will slightly slow down its activity for a few weeks. We’ll provide news on scholarship, recent case law and on-going legislative work every week, but we’ll limit ourselves to two or three post a week. The usual five-post-a-week pace will resume at […]
Deyan Draguiev is the author of this monograph published in 2023 by Springer. He has kindly provided the following abstract. The book proposes a holistic overview of interim measures and associated procedures in civil and commercial matters in international litigation and arbitration proceedings. It reexamines key features in this context and outlines novel findings on […]
The author of this post is Lydia Lundstedt, who is a Senior Lecturer at Stockholm University. The United States has long differed from other countries by applying its trademark law (Lanham Act) to acts of infringement in foreign countries. Indeed, in the seminal case, Steele v. Bulova Watch Co., Inc., 344 U.S. 280 (1952), the […]
The author of this post is Willem Visser. He is one of the editors of the Dutch Journal for Consumer Law and Unfair Commercial Practices (Tijdschrift voor Consumentenrecht & handelspraktijken). In April 2023, the EAPIL Working Group on the Reform of the Brussels I bis Regulation issued a preliminary position paper formulating proposals for reforming the […]
A big thank you to those among the members of the European Association of Private International Law – actually, the vast majority of members – who have already paid their fees for 2023! And a kind request to the others: please take a moment to pay your fees, too! The amount is reasonable and has remained […]
The author of this post is Michele Grassi, who is a post-doc at the University of Milan. In 2010, Bechetti Energy Group (‘BEG’) commenced proceedings against Italy before the European Court of Human Rights (ECtHR). The applicant complained that Italy had breached its obligations under Article 6(1) of the European Convention on Human Rights (ECHR) […]
This post was written by Felix M. Wilke. Many papers and posts have already appeared on the EU rule of law crisis, in particular on serious doubts regarding the independence and impartiality of the judiciary in certain Member States. In light of the recent judgment against Poland (C-204/21), more are likely to follow. For the […]
This post was written by Cécile Pellegrini who is Associate Professor at Lyon Catholic University (UCLy). It summarises a contribution to Metaverse and the Law, edited by L. Di Mateo and M. Cannarsa, Edward Elgar Publishing, forthcoming. The Metaverse Beyond Real Life Beyond the world as we know it, often referred to by the acronym […]
This post was written by Ugljesa Grusic, Associate Professor at University College London. It offers a preview of the upcoming developments relating to Zubaydah v Foreign and Commonwealth Office, a case pending before the UK Supreme Court. While private international law is no longer regarded as an apolitical field, it is rare for it to become directly entangled in […]
The author of this post is Lydia Lundstedt, Senior Lecturer at the Stockholm University. Under Swedish copyright law, broadcasting organizations are granted certain exclusive rights over their broadcasts (“signal right”). A signal right is one of the “related” or “neighboring” rights to copyright along with the rights of performers and producers of phonograms. Pursuant to […]
As noted earlier on this blog, on 24 May 2023, from 6 pm to 8 pm CEST, the forth and last webinar of the series that has been organised under the title The Future of Cross-Border Parenthood in the EU – Analyzing the EU Parenthood Proposal will take place. The webinar, chaired by Steve Heylen, […]
As noted earlier on this blog, on 17 May 2023, from 6 pm to 8 pm CEST, the third webinar of the series that has been organised under the title The Future of Cross-Border Parenthood in the EU – Analyzing the EU Parenthood Proposal will take place. The webinar, chaired by Nadia Rusinova, will deal […]
In this post, Sandrine Brachotte presents her doctoral work on private international law and so-called “conflicts of worldviews”, which she undertook at Sciences Po Law School (Paris), in English, under the supervision of Horatia Muir Watt. The PhD Dissertation, entitled ‘The Conflict of Laws and Non-secular Worldviews: A Proposal for Inclusion’, offers an alternative theory […]
This post was written by Nadia Rusinova (Hague University of Applied Sciences). The judgment of the Court of Justice of the EU in the Pancharevo case (C-490/20) drew the attention of the legal community across Europe (see post on this blog here), as it analyzed the compatibility with the EU law of the refusal to issue a Bulgarian […]
As noted earlier on this blog, on 10 May 2023, from 6 pm to 8 pm CEST, the second webinar of the series that has been organised under the title The Future of Cross-Border Parenthood in the EU – Analyzing the EU Parenthood Proposal will take place. The webinar, chaired by Fabienne Jault-Seseke, will deal […]
Pablo Quinzá Redondo, Lecturer of Private International Law at the University of Valencia, is the author of this monograph published in 2022 by Tirant Lo Blanch. The author has kindly provided the following abstract. The European regulations concerning the property consequences of marriages and registered partnerships (Regulations (EU) 2016/1103 and 2016/1104, respectively) entered into application four […]
The author of this post is Lydia Lundstedt, who is a Senior Lecturer at the Stockholm University. On 27 April 2023, the Court of Justice delivered its judgment in Lännen MCE (C-104/22) (no written opinion by the Advocate General) (also mentioned here on this blog) on factors relevant for establishing international jurisdiction over an infringement […]
The EAPIL blog is reporting about the conference on The Law of Treaties as Applied to Private International Law in Milan by a dedicated post at the end of each conference day. The report of day one is available here; the report of day two is offered below. Please follow us on Twitter (@eapilorg) and […]
The EAPIL blog will report about the conference on The Law of Treaties as Applied to Private International Law in Milan by a dedicated post at the end of each conference day. The report of day one is offered below; the report of day two is available here. Please follow us on Twitter (@eapilorg) and […]
Membership in the European Association of Private International Law comes with a small burden: the annual fees! If you’re a member, and have not paid your fees for 2023, please take a moment to do so. The amount of the fees is reasonable (and has not changed since the Association was created), and the process […]
This post was authored by François Mailhé, who is Professor of Private Law at the University of Picardie Jules Verne. At last ! It has been more than 10 years since the French Cour de cassation decided to declare war on asymmetric forum selection clauses in the Banque de Rothschild case (Cass. fr. civ. 1, 26 September 2012, […]
This post was written by Sören Segger-Piening, Julius-Maximilians-Universität Würzburg. It is with a heavy heart that I have to announce the passing of Oliver Remien on 24 April 2023 after a short, severe illness at the age of only 66. He held the Chair of Civil Law, European Economic Law, Private International Law and Litigation as well as […]
This post was written by Giesela Rühl, LL.M. (Berkeley), Humboldt-University of Berlin, and is also available via conflictoflaws.net. On 25 April 2023 the German Federal Ministry of Justice (Bundesministerium der Justiz – BMJ) has published a bill relating to the establishment of (international) commercial courts in Germany. It sets out to strengthen the German civil justice system for […]
The author of this post is Verena Wodniansky-Wildenfeld, University of Vienna. Since the introduction of the Rome II Regulation, the question whether rules of conduct of non-governmental organisations are to be taken into account in the context of Article 17 of that Regulation has been the subject of extensive discussion. A recent decision of the Austrian […]
This post was written by Giesela Rühl. The European Association of Private International Law mourns the loss of Jürgen Basedow, director emeritus of the Max Planck Institute of Comparative and International Private Law in Hamburg and one of the most influential private international law scholars of our times. He unexpectedly passed away on 6 April […]
The author of this post is Uglješa Grušić, Associate Professor, Faculty of Laws, University College London. As has already been reported on this blog, on 29 March 2023 the European Commission published a study to support the preparation of a report on the application of the Brussels I bis Regulation. This is an important and potentially very influential document. It […]
The European Commission has published in December 2022 an ambitious proposal for a new Regulation dealing with the private international law of parenthood (COM (2022) 695 final). With this proposal, the EU could for the first time adopt a private international law instrument dealing with the creation (and not only the effects) of a family […]
This post was written by Gilles Cuniberti and Anna Wysocka-Bar. On 26 January 2023, the European Commission has launched an infringement procedure against Poland for violation of the Brussels II bis Regulation. The EAPIL Blog has learnt about the details of one of the cases which has triggered this procedure. It is described below. Background […]
The EAPIL Working Group on the Reform of the Brussels I bis Regulation has set up a survey to collect feedback and comments on the proposals formulated in the preliminary position paper. By now, over 60 participants from many different Member States have answered the survey. To allow an even broader participation, the deadline […]
The EAPIL Working Group on the Law Applicable to Digital Assets has issued a Position Paper to comment on the private international law aspects of the Draft Principles and Commentary on Digital Assets and Private Law issued by UNIDROIT in January 2023. The Position Paper can be found here. The issue of the applicable law to […]
The author of this post is Stefano Ferrero, partner at Gattai Minoli, Milan. As a follow-up to the post by Pietro Franzina on this blog regarding the approach of Italian courts to worldwide freezing injunctions issued in common law countries, I would like to share some additional information and remarks on the matter. By a […]
The author of this post is Francesca Maoli (University of Genova). On 9 March 2023, the CJEU delivered a judgment on the European Certificate of Succession, created by Regulation No 650/2012 on matters of succession, and the recording, in a land register, of a right of ownership in immovable property (C‑354/21, R.J.R. v Registrų centras […]
It has already been announced on this blog that a conference on The Law of Treaties as Applied to Private International Law is set to take place in Milan, on 5 and 6 May 2023, under the auspices of SIDI, the Italian Society of International Law and EU Law, and EAPIL. The early bird period, which […]
This post was contributed by Fabienne Jault-Seseke, who is Professor at University Paris Saclay (UVSQ), and a member of GEDIP. I reported here on the French judgment which questioned the Court of Justice of the European Union (ECJ) on res judicata. Two months later, in a Recamier case, the French Court of cassation referred again […]
This is the and final part of a post collectively written by Marion Ho-Dac and Matthias Lehmann. Part one is found here. The previous post has underlined the DSA’s indifference to PIL. In this post, we will take the example of “illegal content” to illustrate the need for a conflict-of-laws approach. DSA Regulation of Illegal […]
The author of this post is Uglješa Grušić, Associate Professor at the Faculty of Laws of the University College London. As reported on this blog on 13 February 2023, the EAPIL Working Group on the Reform of the Brussels I bis Regulation has issued a preliminary position paper formulating proposals for reforming the Regulation. This […]
This post was collectively written by Marion Ho-Dac and Matthias Lehmann. It consists of two parts. Part two can be found here. The Digital Services Act (DSA) is a landmark legislation in many respects, also regarding its volume (102 pages in the O.J., no less than 156 Recitals). It will force online platforms such as […]
This post has been written by Silvana Canales Gutiérrez, who is a Postdoctoral Researcher at Rovira i Virgili University (Tarragona). The “First International Seminar on rights in rem in the European Union: General Aspects and International Jurisdiction”, directed by Georgina Garriga (Universitat de Barcelona) and Maria Font (Universitat Rovira i Virgili), took place at the […]
This post was contributed by Catherine Kessedjian, Professor Emerita of the University Paris Panthéon-Assas and Chair of the ADI/ILA 2023 Organising Committee. In a judgment of 16 November 2022 (pourvoi n° 21-17.338), the French Supreme Court for private and criminal matters (Cour de cassation) addressed, among many other issues, the application of anational norms such […]
Dear fellow Members of the European Association of Private International Law, have you paid your annual fees? If you haven’t, please take a moment to do so! All you need to know in this respect can be found here. We are aware that, in the past, some of you have had troubles paying their fees […]
How did things go with the EAPIL blog in 2022? The following statistics provide some answers. About 315 posts have been published over the last twelve months. More than 80 of these consisted of reports of, or comments on, court rulings (we mostly covered rulings by the Court of Justice of the European Union, but […]
The EAPIL blog goes on “Winter Break mode”, meaning that only few posts will be published over the next few days. But stay tuned: blogging will resume as usual on 9 January 2023. We wish you all the best for the festive season!
This post was written by Felix M. Wilke, University of Bayreuth. The new EU Sale of Goods Directive 2019/771 and its sibling, the Supply of Digital Content and Digital Services Directive 2019/770, understandably have attracted a lot of attention in the field of substantive private law. By contrast, to my knowledge, their (negative) private international […]
The author of this post is Cristina González Beilfuss (University of Barcelona). The MPA case (Case C-501/20), decided by the CJEU on 1 August 2022, deals, at first sight, with a fairly unusual divorce scenario. The Spanish wife and the Portuguese husband are two members of the contract staff of the European Union working in the […]
As noted earlier on this blog, on 2 December 2022, from 4 pm to 5.30 pm (MET), EAPIL will hold a joint Seminar via Zoom with the British Institute of International and Comparative Law (BIICL). The Seminar will focus on the review of the Rome II Regulation. Those wishing to attend have time until 30 November 2022 […]
This post was contributed by Caroline Sophie Rupp, who is a professor at the University of Kiel. To vary an adage, “sad cases make sad law“. The case at hand, regarding the return of a child to its father in Spain after being brought to Germany by its mother, illustrates this. After a lengthy legal […]
This post was written by Pietro Franzina and Thalia Kruger, and is being published simultaneously on Conflictoflaws.net and on the EAPIL blog. The delegations of more than thirty Member States of the Hague Conference on Private International Law attended the first meeting of the Special Commission charged with reviewing the operation of the Hague Convention […]
As noted earlier on this blog, on 2 December 2022, from 4 pm to 5.30 pm (MET), EAPIL will hold a joint Seminar with the British Institute of International and Comparative Law (BIICL). The Seminar will focus on the review of the Rome II Regulation and will, in this context, shed light on the Study that was […]
This post, written by Pascal de Vareilles Sommières, who is a Professor at the University of Paris 1 Panthéon-Sorbonne, is the seventh in a series concerning the proposed codification of French Private International Law. Previous posts relating to the French Draft Code addressed the issues of renvoi, foreign law, the recognition of marriages, companies and parentage. A German perspective […]
This is the second and final part of a post contributed by Estelle Gallant, regarding the provisions on parentage in the proposed codification of French PIL. The first part can be found here. As explained in the first part of this post, the French draft code of private international law devotes an entire sub-section to parentage. […]
This post, written by Estelle Gallant, who is a Professor at the University of Toulouse Capitole, is the sixth in a series of posts concerning the proposed codification of French Private International Law. It is split into two parts: part one appears below, whereas part two will be published tomorrow. Previous posts relating to the French […]
The author of this post is Lydia Lundstedt, who is a Senior Lecturer at the Stockholm University. On 20 October 2022, Advocate General Szpunar delivered his opinion (not yet available in English) in Grand Production (C-423/21) on the interpretation of Article 3(1) of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related […]
This post was written by Hans van Loon. As reported in this blog before the European Commission on 23 February 2022 adopted a proposal for a directive on corporate sustainability due diligence. At its annual meeting in 2021, the European Group for Private International Law (GEDIP) had adopted a Recommendation to the EU Commission concerning the PIL aspects of […]
The author of this post is Michele Casi, Post-doc, DILHPS Università degli Studi di Milano, and researcher involved in the EFFORTS (Towards more EFfective enFORcemenT of claimS in civil and commercial matters within the EU) project. The Final Conference of the EFFORTS Project (JUST-JCOO-AG-2019-881802) took place on 30 September 2022 at the Sala Napoleonica of the […]
This post was contributed by Jeremy Heymann, who is Professor of Law at Université Jean Moulin Lyon 3. On 29 June 2022, the French Court of cassation ruled on the interplay between national exorbitant rules of jurisdiction and those contained in the recast Brussels I Regulation. As is well known, Article 6(2) of the Regulation […]
This post was written by Robert Vogelauer, Vienna. In a decision of 27 January 2022 the Austrian Supreme Court ruled on how Brexit affects a British Private Limited Company (Ltd.) that was incorporated in England but conducted all of its business operations in Austria (OGH 9 Ob 74/21d). It did so only a couple of […]
The author of this post is Francesca Maoli, who is a Researcher at the University of Genova. The Brussels II ter Regulation on matrimonial matters, matters of parental responsibility and child abduction has become fully applicable on 1 August 2022, meaning that legal proceedings instituted on or after that date, as well as authentic instruments […]
This post was contributed by Thomas Mastrullo, who is an Associate Professor of Commercial Law at the University of Luxembourg. It is the fifth in a series of posts on the French draft code of private international law of March 2022 (the previous posts in the series gave a German perspective and discussed the issues of […]
The author of this post is Lydia Lundstedt, who is a Senior Lecturer at the Stockholm University. In IRnova (C-399/21), decided on 8 September 2022, the CJEU clarified the interpretation of Article 24(4) of the Brussels I bis Regulation. The latter provision confers exclusive jurisdiction “in proceedings concerned with the registration or validity of patents, […]
This post was written by Paul Lorenz Eichmüller, University of Vienna. Austrian law provides for an international forum necessitatis in Austria if this is necessary to avoid a denial of justice, i.e. if legal action abroad is (objectively) impossible or (subjectively) unreasonable, see § 28(1)2 Jurisdiktionsnorm (Civil Jurisdiction Act). The Austrian Supreme Court has recently issued […]
This post was contributed by Dr. Vincent Richard, who practices with Wurth Kinsch Olinger in Luxembourg. The end of the summer is the right time to draw readers’ attention to the recent entry into force in all EU Member States except Denmark of the Evidence Regulation recast on 1 July 2022 (Regulation 2020/1783). The Evidence […]
This post was authored by François Mailhé, who is Professor of Private Law at the University of Picardie Jules Verne. It is the fourth in a series of posts regarding the ruling of the European Court of Justice, of 20 June 2022, in the case of London Steam-Ship Owners’ Mutual Assistance Association Ltd v Spain. The […]
This post was written by Stefan Leible and Felix M. Wilke (both University of Bayreuth). It is the fourth in a series of posts on the French draft code of private international law of March 2022 (the previous posts in the series discussed the issues of renvoi, foreign law and the recognition of marriages celebrated abroad). It is […]
This post was written by Paul Lorenz Eichmüller, Vienna. After the Austrian Supreme Court had filed a reference for a preliminary ruling to the CJEU (see here) in a matter concerning the definition of “judgments” in the Brussels I bis Regulation’s provisions on recognition and enforcement, the CJEU rendered its decision in its much discussed case […]
The EAPIL blog won’t stop running during the Summer, but new posts will come out at a slower pace in the coming weeks. Business as usual will resume at the beginning of September. Meanwhile, guest posts are always welcome. Those wishing to submit a piece, are invited to get in touch with the managing editor, […]
After more than 3 years of active involvement in the EAPIL Young Research Network, which she had co-founded together with Susanne Gössl in 2019, Martina Melcher has handed over the responsibility as one of the Network’s three chairpersons to Dora Zgrabljić Rotar. The Association is grateful to Martina for her work for, and continued commitment […]
This post was written by Paul Lorenz Eichmüller, University of Vienna. Austrian civil procedure law contains a provision that requires foreign nationals bringing a claim in Austrian courts to provide security for the legal costs incurred by the defendant in case the claim should not be successful. However, as this would clearly violate the non-discrimination […]
Just a few days have passed since the team of the EAPIL blog welcomed Erik Sinander as a new editor. The time has come, already, for a new welcome post, this time for Martina Mantovani: we are glad to have you onboard, Martina! Martina, who has authored some guest posts for the blog in the […]
This post was contributed by Fabienne Jault-Seseke, who is Professor at University Paris Saclay (UVSQ), and a member of GEDIP. It is the third of a series of posts on the proposed codification of French PIL (previous posts discussed the issues of renvoi and foreign law). The French draft code of private international law innovates […]
This is the third contribution to an online symposium on the ruling of the European Court of Justice, of 20 June 2022, in London Steam-Ship Owners’ Mutual Assistance Association Ltd v Spain. The first post was contributed by Adrian Briggs, the second one by Gilles Cuniberti. The post below was written by Antonio Leandro, who is […]
A new member has joined the editorial team of the EAPIL blog: Erik Sinander. Erik is a senior lecturer in private international law at the Stockholm University. Being specialized also in labour law, he hopes to contribute to the blog with posts about e.g. private international labour law as well as general developments in the […]
The author of this post is Lydia Lundstedt, Senior lecturer at the Stockholm University. Jurisdiction over foreign patent disputes is again the subject of two new requests for preliminary rulings by the Swedish Patent and Market Court of Appeals. The latest referral, BSH Hausgeräte (C-339/22), concerns the scope of Article 24(4) of Regulation No 1215/2012 (Brussels […]
The post below was written by Adrian Briggs QC, who is Professor of Private International Law Emeritus at the University of Oxford. It is the first contribution to an online symposium on the ruling of the European Court of Justice, of 20 June 2022, in the case of London Steam-Ship Owners’ Mutual Assistance Association Ltd v […]
The author of this post is Etienne Farnoux, who is a professor of law at the University of Strasbourg. He has recently published his doctoral thesis on the policy considerations that underlie the rules of international jurisdiction, with a special focus on torts (Les considérations substantielles dans le règlement de la compétence internationale des juridictions […]
This post was contributed by Francesco Pesce, who is an associate professor at the University of Genoa. The very first meeting of the Hague Conference on Private International Law’s (HCCH) Special Commission (SC) on the Practical Operation of the 2007 Child Support Convention and 2007 Maintenance Obligations Protocol was held from 17 to 19 May […]
The EAPIL blog is reporting about the Association’s founding conference in Aarhus by dedicated posts published at the end of each conference day. Day one and two were covered by the posts that can be found here and here, respectively. Please follow us on Twitter (@eapilorg) and LinkedIn for updates as the conference unfolds. Check out our new Instagram account, […]
The EAPIL blog is reporting about the Association’s founding conference in Aarhus by dedicated posts published at the end of each conference day. Day one was covered by the post that can be found here. Please follow us on Twitter (@eapilorg) and LinkedIn for updates as the conference unfolds. Check out our new Instagram account, too! Nearly one […]
The EAPIL blog will report about the Association’s founding conference in Aarhus by a dedicated post at the end of each conference day. Please follow us on Twitter (@eapilorg) and LinkedIn for updates as the conference unfolds. Check out our new Instagram account, too! The founding conference of the European Association of Private International Law has started! More […]
The EAPIL founding conference is now just a few days away. As the readers of this blog know, the event will take place in Aarhus on 2, 3 and 4 June 2022. On 2 June, Peter-Arnt Nielsen (Copenhagen Business School) will provide kick-off the event with a key-note speech followed by a Report from Brussels, by Andreas Stein (Head of Unit, European […]
The author of this post is Jachin Van Doninck, Lecturer in civil procedure, private international law and ADR at the Vrije Universiteit Brussel. At the final conference of the Judgtrust project in The Hague, some ten days ago, two decisions of the ECJ on the Brussels I bis Regulation took flak from more than one speaker: […]
As the readers of this blog know, the EAPIL founding conference will take place in Aarhus on 2, 3 and 4 June 2022. There are just a few days left for registering. Those wishing to attend the conference are invited to fill in the form available here by 1 May 2022, at the latest. The […]
This post was contributed by Yuliya Chernykh, who is associate professor in law at the Inland Norway University of Applied Sciences (campus Lillehammer). Addressing incidental issues in a blog post for the European Association of Private International Law feels like bringing a topic ‘back home’. Indeed, incidental or preliminary issues are a well-known concept and […]
This post was contributed by Vincent Richard, who practices with Wurth Kinsch Olinger in Luxembourg. On 7 April 2022, the Court of Justice delivered its judgment in case C‑568/20, J v. H Limited on the recognition in Austria of an English summary order to pay a debt recognised in a third State judgment. The case shows […]
The author of this post is Martina Mantovani, Phd Candidate at the University Panthéon-Assas. Climate change litigation has increased dramatically since 2015, the year of the Paris Agreement. A 2021 Report drafted by the Grantham Research Institute on Climate Change and the Environment inventoried more than 1.000 new cases brought to court over the past […]
The author of this post is Julian Henrique Dias Rodrigues, lawyer in Lisbon. On 27 January 2022, the Lisbon Court of Appeal gave a decision concerning the (non) recognition in Portugal of notarial deeds attesting a de facto union. The Case A suit for recognition and enforcement of a foreign judgment (“ação especial de revisão […]
In this post, Marylou Françoise presents her doctoral work on the role of courts in choice of law from an EU law perspective (‘L’office du juge en conflit de lois : Étude en droit de l’Union européenne’). This is a important issue for all EU PIL experts and obviously a recurring topic in France (see here, […]
The EAPIL founding conference is fast approaching! The conference will take place onsite in Aarhus on 2, 3 and 4 June 2022. Those wishing to attend, are invited to register by 14 April 2022 at the latest. Please do so by filling the form available here. Registration fee is 100 Euros. Furthermore, you are very […]
The EAPIL Board has been closely monitoring the evolving situation in Ukraine during the past two weeks and established contact with the Ukrainian members of EAPIL. Some members have left the country, others are still in Ukraine. All are in need of support. Several academic institutions in Europe offer funding or have established scholarships for refugee […]
This post was contributed by Christine Bidaud, who is Professor at the University Jean Moulin – Lyon 3, co-director of the Family Law Center and member of the Research team Louis Josserand. French Background on Recognition of Foreign Birth Certificates of Children Born Abroad by Surrogacy If there is one subject that divides not only jurists […]
The European Association of Private International Law learnt with great sadness the passing of Peter Mankowski. The editors of the EAPIL Blog are most grateful to Ulrich Magnus for contributing the in memoriam published earlier today. While none of us knew Peter Mankowski as well as Ulrich Magnus, some of the Editors of this blog were […]
This memorial was contributed by Prof. Dr. Ulrich Magnus. On 10 February 2022 Peter Mankowski passed away, entirely unexpected at the age of only 55. The European community of scholars of Private Law and in particular Private International Law lost one of its most brilliant and productive minds. He leaves behind the almost unbelievable number […]
The European Commission has launched a public consultation on the prospect of an EU-wide protection for vulnerable adults, i.e., persons aged 18 or more who are unable to protect their interests because of an impairment or insufficiency of their personal faculties. In the document presenting the initiative, the Commission notes that vulnerable adults, together with […]
This post was written by Johan Meeusen, who is a professor at the University of Antwerp and a Member of the Scientific Council of EAPIL. The post was posted first on the site of GEDIP. Introduction The judgment of the Court of Justice of the European Union (CJEU) in the Pancharevo case (CJEU 14 December 2021, V.M.A./Stolichna […]
This post was contributed by François Mailhé, who is Professor at the University of Picardy – Jules Verne. On 17 November 2021, the French Cour de cassation rendered a decision making a reference for a preliminary ruling to the European Court of Justice on the regime of res judicata under the Brussels I Regulation. Readers […]
The author of this post is Zhen Chen, PhD researcher of Private International Law at the University of Groningen. Consumer contracts are subject to protective choice of law rules both in China and in the EU. Under Article 6(1) of the Rome I Regulation, such consumer protective rules apply under the condition that the business […]
This post was written by Amy Held and Matthias Lehmann. Prima facie, it does not seem that anyone need be overly concerned about the post-Brexit relationship between the Rome II Regulation and English law. However, such complacency overlooks the continued relevance of the Rome II Regulation, as part of UK domestic law, in the English […]
The author of this post is Marco Buzzoni, Research Fellow at the Max Planck Institute Luxembourg. On 21 December 2021, the Grand Chamber of the Court of Justice of the European Union (“CJEU”) handed out its much-anticipated judgment in Case C-251/20, Gtflix Tv v DR (“Gtflix Tv”), a case dealing with the interpretation of Article 7(2) of […]
The post below was written by Matthias Lehmann, who is Professor of Private International Law at the University of Vienna. It is the fourth contribution to the EAPIL on-line symposium on the ruling of the Court of Justice in the case Hrvatske Sume d.o.o. Zagreb v BP Europa SE. The previous posts were authored by Peter […]
The post below was written by Bernard Haftel, who is Professor of Private International Law at the University of Sorbonne Paris Nord. This is the third contribution to the EAPIL on-line symposium on the ruling of the Court of Justice in the case Hrvatske Sume d.o.o. Zagreb v BP Europa SE. The previous posts were […]
The post below was written by Adrian Briggs QC, who is Professor of Private International Law Emeritus at the University of Oxford. It is the second contribution to the EAPIL online symposium, announced by an earlier post, regarding the ruling of the Court of Justice in the case of Hrvatske Šume. The previous post of […]
This is the first contribution to the on-line symposium regarding the ruling of the Court of Justice in the case of Hrvatske Šume. The author is Peter Mankowski, who is Professor of Private International Law at the University of Hamburg. It is based on the author’s case note in German, forthcoming in Recht der Internationalen […]
It’s been another busy year for the EAPIL blog. The 310 posts we have published in 2021 have attracted about 180.000 visits and some 190 comments. Interactions on social media have been on the rise, too. We witnessed an increase in the number of followers on LinkedIn (they are more than 1.000 now), and in the […]
All best wishes to the members of the European Association of Private International Law, the readers of (and subscribers to) the EAPIL Blog, the guest bloggers and all those involved in the Association’s events.
This post was contributed by Olivera Boskovic, who is a Professor at the Université de Paris. The situation of victims of environmental damages or human rights violations caused in non-EU countries by subsidiaries or subcontractors of companies established in the EU (but the issue can be extended to companies merely operating in the EU) trying […]
This post was contributed by Dr. Vito Bumbaca, who is Assistant Lecturer at the University of Geneva. In a ruling of 2 August 2021 (A v. B, C-262/21 PPU), the CJEU clarified that a child who is allegedly wrongfully removed, meaning without consent of the other parent, should not return to his/ her habitual residence […]
This post was written by Amy Held, LL.B., LL.M., LL.M., University of Vienna. Judgment in Silverman v Ryanair DAC [2021] EWHC 2955 (QB) (10 November 2021) was recently handed down in the Queen’s Bench Division of the English High Court of Justice. The issue for determination was a relatively simple one: whether English or Irish […]
A series of webinars have taken place since June this year to celebrate European Law Institute’s 10th anniversary. The latest in the series is about the ELI project on the Protection of Adults in International Situations and is scheduled for 7 December 2021, from 18:15 to 19:45 (CET), The ELI project on adults seeks to encourage the European […]
From November 15 to 17, the members of the Working Group on International Property Law held a first meeting in Würzburg. Everyone was warmly welcomed by the chair of the working group, Eva-Maria Kieninger. The group assembled in a hybrid way, so that members who could not join in person, had the opportunity to participate […]
The author of this post is Burcu Yüksel Ripley, who is a Senior Lecturer in law and the Director of the Centre for Commercial Law at the University of Aberdeen. On 25 November 2021, the Law Commission of England and Wales announced, as part of an update on its work on smart contracts, that it has agreed with […]
As announced earlier on this blog, the EAPIL Founding Conference will eventually take place on 2, 3 and 4 June 2022 in Aarhus, hosted by the Aarhus University. Early bird registration for the conference ends on 30 November 2021. See here for further details. A general presentation of the conference can be found here. See here for the full […]
Marco Pasqua, who has been serving as the social media manager of the European Association of Private International Law, is now also an editor of the blog. His first post, on the 2022 Work Programme of the Commission, has just been published and can be found here. Marco is a PhD student at the Catholic […]
This post was written by Thomas Mastrullo, Associate Professor at University of Luxembourg. Background The European Commission has for several years expressed its desire to increase the range of supranational structures. Thus, the creation of a European Association has been considered since the beginning of the 2000s (Communication from the Commission to the Council and […]
This post was written by Felix M. Wilke, University of Bayreuth, Germany. The most relevant aspects were squarely in the sights of European Court of Justice. As it states in para 53 of the judgment: “relating to the predictability of the rules of jurisdiction and to the risk that consumers might ‘take the forum of protection […]
This post was contributed by Hans van Loon, a member of GEDIP and of the Institut de Droit International and a former Secretary General of the Hague Conference on Private International Law. The European Group for Private International Law at its annual – virtual – meeting in September 2021 adopted a Recommendation to the EU Commission […]
This post was contributed by Thomas Mastrullo, who is an Associate Professor at the University of Luxembourg. In a judgment of 3 March 2021, the French Court of Cassation allowed an appeal against the judgment of a court of appeal which had refused to declare the enforceability in France of a foreign decision rendered in […]
A partial renewal of positions, both of AGs and of judges, will take place next October at the Court of Justice. The reasons vary from retirement to normal rotation (the latter being the case of the so-called “smaller countries” in as far as AGs are concerned). As a consequence some opinions and judgments have been […]
This post was contributed by Fabienne Jault-Seseke, who is Professor at University Paris Saclay (UVSQ), and a member of GEDIP. Decisions of the French Supreme Court on civil and criminal matters (Cour de cassation) on res judicata regarding foreign decisions are rare. The judgment in which, on 8 September 2021, its social Division (Chambre sociale) […]
This post was contributed by Vincent Richard, who practices with Wurth Kinsch Olinger in Luxembourg. On 9 September 2021, the Court of Justice delivered its judgment in cases C-208/20 and C-256/20 Toplofikatsia Sofia e.a. on applying the Evidence and the Brussels I bis Regulations when the domicile of the defendant is unknown. Confronted once again with […]
The Scientific Committee of the European Association of Private International Law has approved the establishment of a Working Group on a future European Regulation on International Property Law. Aims The aims of the Working Group will be to exchange information on current legislation and case law in the field of international property law, with a […]
The author of this post is Erik Sinander, Senior lecturer at the Stockholm University. In a judgment of 15 July 2021, over two joined Romanian cases (C-152/20 and C-218/20, DG and EH v SC Gruber Logistics SRL and Sindicatul Lucrătorilor din Transporturi v SC Samidani Trans SRL), the CJEU confirmed that the choice of law rule for employment contracts […]
The author of this post is Carlos Santaló Goris, research fellow at the MPI Luxembourg and Ph.D. candidate at the University of Luxembourg. Regulation (EC) No 1896/2006 establishing the European Payment Order (‘EPO’) introduced the first EU uniform civil procedure. The EPO Regulation aimed at facilitating the cross-border recovery of debt within the EU. According […]
The author of this post is Christelle Chalas, who is an Associate Professor at the University of Lille. Background The French law on the compliance with the Republican Principles (projet de loi confortant le respect des principes de la République) introduces a new paragraph in Article 913 of the French Civil Code aiming at re-establishing a […]
This post was contributed by Dr. Sally El Sawah, Avocat aux Barreaux de Paris et du Caire, Registered Foreign Lawyer (England & Wales), Co-Founder & Head of Arbitration and Litigation at JUNCTION (Paris). In a judgment of 12 May 2021 (no. 19-13.853), the French supreme court for civil and criminal matters (Cour de cassation) ruled […]
After arguing that States Should Not Ratify, and Should Instead Denounce, the Hague Choice-Of-Court Agreements Convention, Gary Born received a series of serious criticisms by Trevor Hartley, Andreas Bucher and the Hague Conference of Private International Law. Mr Born has responded to some of these criticisms in two further posts at the Kluwer Arbitration Blog. […]
This post was contributed by Nicolas Kyriakides, who is a practising lawyer in Cyprus and an Adjunct Faculty at the University of Nicosia, and Laura McBride, a BA Jurisprudence student at the University of Oxford. On 6 July 2021, Robin Knowles J handed down a lengthy judgment in the case of Province of Balochistan v Tethyan […]
The authors of this post are Lena Hornkohl, LL.M. (College of Europe), Senior Research Fellow Max Planck Institute Luxembourg for Procedural Law, and Priyanka Jain, LL.M. (Coventry University), Research Fellow Max Planck Institute Luxembourg for Procedural Law. On 15 July 2021, the Court of Justice of the European Union (CJEU) issued an important judgment regarding the […]
Summer has come! The blog will remain open, but blogging will be lighter in the coming weeks. We will resume our usual 5-post-a-week pace at the end of August. We wish our readers and all EAPIL Members all the best for their holidays. Stay safe, and enjoy the break!
Membership in the European Association of Private International Law entails the payment of a (small) annual fee. Fees are due on 31 January every year. For more information (and practical details on how to pay), please visit this page. Most of the 336 current members have already paid their fees for 2021. Those who haven’t […]
This post was contributed by Alexia Pato, who is Postdoc Research Fellow at the University of McGill (Montreal, Canada). The present post provides an overview of the legal initiatives on artificial intelligence (AI) recently launched at the EU level and the questions they generate from a private international law (PIL) perspective. The analysis starts with […]
The author of this post is Burcu Yüksel Ripley, who is a Lecturer in law and the Director of the Centre for Commercial Law at the University of Aberdeen. In the legal proceedings that European Union (EU) brought before the Belgian courts against AstraZeneca in April 2021 and May 2021, one of the key questions is the law […]
This is the fourth post of an online symposium on the recent judgment of the CJEU in Vereniging van Effectenbezitters v. BP after the posts of Matthias Lehmann, Laura van Bochove and Matthias Haentjens and Geert van Calster. The author of this post is Enrique Vallines, who is Professor of Procedural Law at the Complutense University […]
This post was drafted by Paul Lorenz Eichmüller, Vienna. This year’s third issue of the German journal “Praxis des Internationalen Privat- und Verfahrensrechts” (IPRax) contains two articles and several other case discussions of interest for European private international law. In the first article, Andrew Dickinson (University of Oxford) discusses the applicable national and international rules of private international law that have been in force in the UK since the […]
In a series of posts published at the Kluwer Arbitration Blog, Gary Born argues that States Should Not Ratify, and Should Instead Denounce, the Hague Choice-Of-Court Agreements Convention. At the invitation of the Editors of the EAPIL Blog, Trevor Hartley, Professor emeritus at the London School of Economics, replies. Gary Born starts by saying that […]
This post was written by Edyta Figura-Góralczyk, University of Economics in Kraków (Poland). On 17 June 2021 the Court of Justice of the EU pronounced a judgment in case C‑800/19 Mittelbayerischer Verlag KG v. SM. At the time of writing this post, the text of the judgment was available only in Polish and French. The preliminary […]
This post has been drafted by Dr. Felix M. Wilke, University of Bayreuth, Germany. A new contestant has entered the ongoing debate about the law applicable to Electronic Securities and/or in the blockchain context. On 10 June 2021, the new German Act on e-Securities (Gesetz zur Einführung von elektronischen Wertpapieren, eWpG) entered into force. Its […]
This is the third post of an online symposium on the recent judgment of the CJEU in Vereniging van Effectenbezitters v. BP after the posts of Matthias Lehmann and of Laura van Bochove and Matthias Haentjens. The author of this post is Prof. Geert van Calster, who teaches at and is Head of the department of […]
This is the second post of an online symposium on the recent judgment of the CJEU in Vereniging van Effectenbezitters v. BP after the post of Matthias Lehmann. The authors of this post are Dr. Laura van Bochove (Assistant Professor at Leiden University) and Prof Dr Matthias Haentjens (Professor of Private Law at Leiden University) […]
This post was contributed by Thomas Mastrullo, who is a lecturer at the Sorbonne Law School (Paris 1) On 31 March 2021, the Legal High Committee for Financial Markets of Paris (“Haut Comité juridique de la Place Financière de Paris” – HCJP) has published a report on the applicable law to companies (Rapport sur le […]
The EAPIL’s Young Research Network has just launched its latest research project, which is being led by Tobias Lutzi, Ennio Piovesani, and Dora Rotar. The project will focus on the national rules on jurisdiction in civil and commercial matters over non-EU defendants, in light of the report envisioned in Article 79 Brussels Ia Regulation. As […]
The author of this post is Estelle Gallant, professor of private law at the University of Toulouse 1 Capitole. In a judgment of 27 January 2021 the French Supreme Court for civil and criminal matters (Cour de cassation) applied the Hague Convention of 13 January 2000 on the International Protection of Adults (the ‘Adults Convention’) […]
The following post was written by Paul Eichmüller (Vienna). Although rules concerning the use of a name of natural persons have been liberalised in the member states of the European Union to a large extent after the CJEU’s famous decisions in C-148/02, Garcia Avello, and C-535/06, Grunkin and Paul, there still remain areas where national […]
This post was contributed by Fabienne Jault-Seseke, who is Professor at University Paris Saclay (UVSQ), and a member of GEDIP. On 26 May 2021, the French supreme court for private and criminal matters (Cour de Cassation) issued an important judgment requiring the ex officio application of a European conflict of laws rule. The Court specifically […]
The author of this post is Simon Laimer of the University of Linz. By a ruling of 10 December 2020, the Austrian Supreme Court addressed a case relating to a statement of fault in respect of divorce, i.e. a statement that one spouse is to blame for the breakdown of marriage (the ruling’s reference is […]
This post was contributed by Dr Nicolas Kyriakides, who is a practising lawyer in Cyprus and an Adjunct Faculty at the University of Nicosia, and Ms Yomna Zentani (LLM, Cantab – Cambridge Trust scholar), who is a future Trainee Solicitor at Clifford Chance LLP. On 21 April 2021, the English High examined the interplay between […]
The author of this post is Nadia Rusinova, Lecturer in International/European Private Law at The Hague University of Applied Sciences. In October 2020, the Administrative Court of the City of Sofia in Bulgaria requested a preliminary ruling from the Court of Justice of the European Union (CJEU) in a case concerning the refusal by the Sofia municipality to […]
The following text has been kindly provided by professors Toshiyuki Kono, Pedro de Miguel Asensio and Axel Metzger. The International Law Association’s Committee on Intellectual Property and Private International Law has finished its work with the adoption and publication of the Kyoto Guidelines on Intellectual Property and Private International Law. The Guidelines are the outcome of an international […]
This post was contributed by Burkhard Hess, who is a director of the Max Planck Institute Luxembourg. Gilles Cuniberti has kindly invited me to comment on the decision of the Paris Tribunal Judiciaire from a German perspective – here are my reflections on this interesting case: 1. Under German law, a contract retaining an arbitrator […]
As announced earlier on this blog, the EAPIL Founding Conference will eventually take place on 2, 3 and 4 June 2022 in Aarhus, hosted by the Aarhus University. Registration for the conference is now open. See here for further details. A general presentation of the conference can be found here. See here for the full program as well as for […]
Due to the uncertainties regarding the corona situation, the Scientific Council of EAPIL has decided to postpone the Aarhus EAPIL Conference to 2-4 June 2022. Again, Aarhus University has offered to host the conference. Participants who have previously chosen to transfer their registration/fee to the 2021 conference will be contacted directly by e-mail and offered to […]
The post below was written by Alex Layton, of Twenty Essex, London. It is the third and final contribution to an on-line symposium devoted to the fate of the 1968 Brussels Convention, launched after a post by Matthias Lehmann (Brexit and the Brussels Convention: It’s All Over Now, Baby Blue?), which attracted comments by Eduardo Álvarez-Armas, Apostolos Anthimos, […]
The author of this post is Olivera Boskovic, who is Professor of Private Law at the Université de Paris. Background On 12 February 2021, the Supreme Court of the United Kingdom delivered its judgement in Okpabi and others v. Royal Dutch shell and another. The action was brought by two Nigerian communities against Royal Dutch […]
On 5 February 2021, a seminar entitled ‘The Netherlands, a forum conveniens for collective redress?’ was organised by the Amsterdam, Maastricht and Tilburg Universities, together with the Open University. A brief account of the seminar will appear in the Dutch Journal on PIL, NIPR. Experts addressed procedural and private international law features in European and particularly Dutch […]
This post was written by Rodrigo Rodriguez who is Professor on Insolvency Law at the University of Lucerne. Since 1 January 2021, as a result of the UK’s “hard Brexit” in respect of the field of cooperation in civil matters, the UK has not been a formal member of the 2007 Lugano Convention anymore. Much […]
The author of this post is Priskila P. Penasthika, Ph.D. Researcher, Erasmus School of Law, and Lecturer in Private International Law at Universitas Indonesia. For almost ten years I have been closely observing the discussions taking place between Indonesia and The Hague Conference on Private International Law (HCCH) on the matter of Indonesia becoming a contracting […]
The post below was written by Serena Forlati, Professor of International Law at the University of Ferrara. It follows a post by Andrew Dickinson which opened an on-line symposium devoted to the fate of the 1968 Brussels Convention. One more contribution will be published on this blog in the coming days. The symposium follows a lively […]
The author of this post is Ségolène Normand, Postgraduate Student in Private Law at the University of Valenciennes. Digital technology has been investing all areas of society and its potential seems unlimited. At the global level, public institutions are progressively transforming in favour of eGovernment which involves rethinking both organisation and process, so that public […]
The post below was written by Andrew Dickinson, Fellow of St Catherine’s College and Professor of Law, University of Oxford. It is the the first contribution to an on-line symposium devoted to the fate of the 1968 Brussels Convention: further contributions will be published on this blog in the coming days. The symposium follows a lively exchange […]
As announced earlier on this blog, the Private International Law Interest Group of the Italian Society of International Law and EU Law organises a series of webinar titled Private International Law in Europe: Current Developments in Jurisprudence. The webinar scheduled to take place on 19 February 2021 on State Immunity and Jurisdiction in Civil and Commercial Matters in Recent […]
Paul Lorenz Eichmüller (University of Vienna) has kindly provided the following post. Austria is one of the few European countries that still retains the institution of fault divorce, which means that a court will have to examine the grounds for a separation. With an increasing number of States abolishing this type of divorce (England and […]
On 5 February 2021, the Universities of Amsterdam, Maastricht and Tilburg, in collaboration with the Open University, organized an online seminar on The Netherlands, a forum conveniens for collective redress? A group of experts in the field addressed both procedural and private international law aspects of collective actions under the Dutch and European frameworks. The […]
The post below was provided by Catherine Shen, Project Manager at the Asian Business Law Institute. Readers of the EAPIL blog are well aware that in Europe, harmonisation in the field of private international law has been enormously successful with efforts encompassing both the civil and commercial, as well as family, spheres. In relation to foreign judgments […]
The author of this post is Estelle Gallant, professor of private law at the University of Toulouse 1 Capitole. On 30 September 2020, the French Supreme Court for civil and criminal matters ruled on the respective scopes of the Brussels II bis Regulation and the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and […]
On 22 February 2021, from 5 to 7 pm CET, the Catholic University of the Sacred Heart in Milan will host a webinar titled The Fundamental Rights of Persons with Cognitive Disabilities in Cross-border Situations – Time for Italy and Spain to Join the Hague Adults Convention. The Hague Convention of 13 January 2000 on the […]
The Private International Law Interest Group of the Italian Society of International Law and EU Law has organised a series of webinar, most of which will be conducted in English, under the title Private International Law in Europe: Current Developments in Jurisprudence. The programme is as follows: 29 January 2021, 4 to 6 PM (CET): Limiting […]
An e-mail has been sent to those who registered for the second EAPIL Virtual Seminar, on Digital Teaching and Private International Law, scheduled to take place on 27 January 2021 from 5 to 7 p.m. (MET), with the details to join the seminar, via Zoom. If you have registered, and don’t see our e-mail in your inbox, […]
As announced on this blog a few days ago, the second EAPIL Virtual Seminar, devoted to Digital Teaching and Private International Law, will take place on 27 January 2021 from 5 to 7 p.m. (MET). Around ninety persons have already registered and will soon receive the details to attend the seminar. All others interested in joining […]
Pursuant to Protocol No 22 to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not bound by the measures enacted by the EU in the area of freedom, security and justice, including as regards judicial cooperation in civil matters. However, an agreement was concluded in 2005 between […]
Digital teaching formats have been in discussion since they became technically possible. Nevertheless, in law and Private International Law, they never became the standard until spring 2020, when Covid-19 led to a general closure of university buildings in many countries. Thus, universities were forced to switch from in-class teaching to digital formats. As in general […]
The author of this post is Lorenzo Acconciamessa, a PhD student at the University of Palermo and a teaching assistant at the Catholic University of the Sacred Heart in Milan. By a ruling of 4 November 2020, the Italian Constitutional Court declared that the combination of Italian rules precluding the formation of a child’s birth […]
The author of this post is Simon Laimer, professor at the Linz University. The claimant, an airline established in Austria, and the defendant, which operates a hotel in India, concluded a written contract for the accommodation of the airline’s crew members in the defendant’s hotel as well as their transfer from the airport to the […]
The topic of Brexit has been in the hearts and minds of private international lawyers ever since the Brexit referendum. However, for reasons that are unknown, it did not make it onto the agenda of the UK-EU negotiations about a free trade agreement. The agreement that was eventually adopted in late December 2020, therefore, does […]
The EU has developed a common judicial area where judgments given in one EU Member State are recognised and can be enforced in all others. To this end, the EU has adopted a number of legal instruments that regulate and ease cross-border enforcement, ensuring legal certainty for all parties and making these processes easier. One […]
Many good wishes for the Holiday Season and the New Year from the Editors of the EAPIL blog! Blogging will be light in the coming days, but we plan to gradually resume our usual publishing pace on 7 January.
This is a guest post by Katažyna Bogdzevič (Mikša), an associate professor of the Institute of International and European Union Law at the Law School of Mykolas Romeris University in Vilnius, Lithuania and an advisor to the Lithuanian Ministry of Justice. The CJEU’s judgement in the case of E.E. case (C-80/19) has already attracted scholars’ attention and it […]
The post below was written by Bernard Haftel, who is Professor of Private International Law at the University of Sorbonne Paris Nord. This is the fifth contribution to the EAPIL online symposium on the ruling of the Court of Justice in the case of Wikingerhof v. Booking.com. The previous posts were authored by Matthias Lehmann, […]
As readers of this blog know, the first EAPIL (Virtual) Seminar, devoted to the impact of Brexit on Private International Law, will take place tomorrow from 11 am to 1 pm (MET). For more information on the event, see here. Registrations to the Seminar are now closed. The login details have been sent to the registered […]
The author of this post is Michiel Poesen, PhD candidate at KU Leuven. This post tells a short story about the fate of European private international law’s neutrality paradigm… Our story starts where you probably would not expect it: the 2019 Belgian company law reform. In 2019, the Belgian legislature reformed the Company Law Code […]
The post below was written by Peter Mankowski, who is Professor of Private International Law at the University of Hamburg. Apart from one section, the post is based on the author’s German-language case note in the Lindenmaier Möhring Kommentierte BGH-Rechtspechung. The translation into English was permitted courtesy of C.H. Beck Verlag, München. This is the […]
The post below, written by Gilles Cuniberti, a professor of Private International Law at the University of Luxembourg, and an editor of this blog, is the third contribution to the EAPIL online symposium on the ruling of the Court of Justice in Wikingerhof v. Booking. The previous posts, authored by Matthias Lehmann and Adrian Briggs, […]
The author of this post is Caterina Benini, a Phd student at the Catholic University of the Sacred Heart in Milan. A Controversial but Topical Issue In the credits market, the price of a contract (or that of the claims arising from a contract) is determined by the nominal value of the claims concerned and […]
The post below was written by Adrian Briggs QC, who is Professor of Private International Law at the University of Oxford. It is the second contribution to the EAPIL online symposium on the ruling of the Court of Justice in the case of Wikingerhof v. Booking (the first one, by Matthias Lehmann, appeared earlier today […]
The EAPIL blog hosts an online symposium on the ruling of the Court of Justice in the case of Wikingerhof v. Booking. The first contribution to the symposium, which is found below, is by Matthias Lehmann, who is Professor of Private International Law at the University of Vienna (as well as an editor of this […]
The author of this post is Franz Kaps, Lawyer at DL Piper, Frankfurt am Main. To stop the spread of the COVID-19 (Coronavirus) pandemic governments closed ports and “non-essential businesses”, restricted travel and imposed “lockdowns” or “stay-at-home” orders. In cases where the COVID-19 pandemic or government measures disrupt commercial contracts, it is necessary to carefully […]
The first post of the EAPIL blog was published one year ago, on 25 November 2019. More than 300 posts have followed since, written by the blog’s editors and by no less than twenty guests. We are trying to make the blog richer in contents, and improve its visibility. Various private international law specialists across […]
Planning to become a member of EAPIL, and join the 255 scholars and practitioners who have already done so? We are glad to provide you with one more reason to submit your application before the end of the year! While, as a general rule, fees are due for each calendar year, those applying for membership […]
The author of this post is Prof Dr Dan Jerker B. Svantesson, Professor at the Faculty of Law, Bond University (Australia), Visiting Professor at Masaryk University (Czech Republic) and Associated Researcher at the Swedish Law & Informatics Research Institute, Stockholm University (Sweden). On 6 December 2020, I had the great honour of giving a presentation […]
As announced earlier on this blog, EAPIL will hold its first Virtual Seminar on 11 December 2020, from 11 a.m. to 1 p.m. (MET). Devoted to the impact of Brexit on Private International Law, the seminar will feature speakers from the United Kingdom and the European Continent. They will analyze the legal framework that will apply to cross-border cases […]
The first EAPIL Seminar will take place on 11 December 2020, from 11 am to 1 pm (MET). It will be devoted to the impact of Brexit on Private International Law. In short introductory statements speakers from the United Kingdom and the European Continent will analyse the legal framework that will apply to cross-border cases […]
The author of this post is Jorg Sladič, associate professor of International and European Law at the European Faculty of Law in Ljubljana. On 11 August 2020, the Slovenian Supreme Court dismissed an appeal challenging the enforcement of an Austrian judgement compelling the judgment debtor to pay levies to the Austrian Construction Workers’ Annual Leave and […]
The EAPIL Blog hosts today two posts on the ruling of the Court of Justice in E.E., a case regarding the Succession Regulation decided on 16 July 2020. The first post, by Matthias Lehmann, appeared this morning. The second post, by Carlos Santaló Goris, a research fellow at the MPI Luxembourg and a Ph.D. candidate […]
This post was written by Giesela Rühl, LL.M. (Berkeley), Humboldt-University of Berlin, and is also available via conflictoflaws.net. The protection of human rights in global supply chains has been high on the agenda of national legislatures for a number of years. Most recently, also the European Union has joined the bandwagon. After Commissioner for Justice Didier Reynders announced […]
The members of the European Association of Private International Law have recently received, by e-mail, the first issue of the Association’s Newsletter. The issue can now be accessed by all readers of this blog here. It comes with updates on the EAPIL conference in Aarhus, which is scheduled to take place on 27, 28 and 29 […]
The author of this post is Lorenzo Acconciamessa, a PhD candidate at the University of Palermo and a teaching assistant at the Catholic University of the Sacred Heart in Milan. By an order of 29 April 2020 the First Chamber of the Italian Supreme Court asked the Italian Constitutional Court to review the constitutional legitimacy […]
The author of this post is Carlos Santaló Goris, research fellow at the MPI Luxembourg and PhD candidate at the University of Luxembourg. On 3 August 2020, a Polish notary referred a request for a preliminary ruling to the Court of Justice of the European Union (“CJEU”). The facts are simple: a Ukrainian citizen living […]
The author of this post is Omar Vanin. He earned a Phd in Private International Law from the University of Padova and is now in private practice. On 7 August 2020, the Italian Supreme Court (Corte di Cassazione) ruled on the non-recognition of a judgment whereby a Palestinian religious court had acknowledged the severance of […]
This post has been written by Vincent Richard, Senior Research Fellow at the MPI Luxembourg, Department of European and Comparative Procedural Law. On 14 August 2020, the Luxembourg government introduced a bill before the Parliament aiming to introduce a collective redress procedure (file 7650) into Luxembourg Law. This objective was set out in the coalition […]
The editorial team in charge of the EAPIL blog is delighted to announce that a new editor has joined the team. Her name is Anna Wysocka-Bar, and she teaches Private International Law at the Jagiellonian University in Kraków. Her first post has just been published. Welcome on board, Anna!
The author of this post is Giulio Monga, a PhD student at the Catholic University of the Sacred Heart, Milan. On 16 April 2019, the Italian Supreme Court (Corte di Cassazione) ruled on the relevance of the Incoterm “FCA – Free Carrier (named place of delivery)” to the operation of Article 5(1) of the Brussels […]
The author of this post is Giulio Monga, a PhD student at the Catholic University of the Sacred Heart, Milan. The editors of the EAPIL blog encourage scholars and practitioners to share their views on the Court’s judgment and its implications. Those interested in submitting guest posts are invited to get in touch with the […]
The author of this post is Vincent Richard, Senior Fellow at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law. On 14 May 2020, the CJEU gave a preliminary ruling in Bouygues travaux publics, a case regarding the binding effect of social security certificates issued by the social security authority of a Member […]
The author of this post is Nadia Rusinova, Lecturer in International/European Private Law at The Hague University of Applied Sciences. This is the sixth in a series of posts aimed to explore the impact of the coronavirus crisis on the phenomena of mobility and exchange that form the constituent elements of private international law, and to discuss the […]
The author of this post is Aygun Mammadzada, PhD Researcher at the Institute of Maritime Law of the University of Southampton. Status quo Withdrawal of the United Kingdom from the European Union leaves many uncertainties and puzzling effects on civil justice and cross-border judicial cooperation. Upon its departure on 31 January 2020 the United Kingdom ceased to be a […]
In accordance with its goal to be a pan-European forum for reflection on issues of private international law, the European Association of Private International Law is seeking to establish working groups which will reflect on selected topics of private international law and submit their conclusions for endorsement by the Association. EAPIL Working Groups might be […]
The author of this post is Aygun Mammadzada, PhD Researcher at the Institute of Maritime Law of the University of Southampton. This is the fifth in a series of posts aimed to explore the impact of the coronavirus crisis on the phenomena of mobility and exchange that form the constituent elements of private international law, and to discuss the […]
The author of this post is Caterina Benini, a PhD student at the Catholic University of the Sacred Heart in Milan. This is the fourth in a series of posts aimed to explore the impact of the coronavirus crisis on the phenomena of mobility and exchange that form the constituent elements of private international law, […]
The author of this post is Eduardo Álvarez-Armas, Brunel University London and Université Catholique de Louvain. As announced in this blog, Anne Peters, Sabine Gless, Chris Thomale, and Marc-Philippe Weller have recently published an interesting and topical paper entitled Business and Human Rights: Making the Legally Binding Instrument Work in Public, Private and Criminal Law. The paper, a must-read […]
The author of this post is Giulio Monga, a PhD student at the Catholic University of the Sacred Heart, Milan. On 8 July 2019, Italian Supreme Court (Corte di Cassazione) ruled on the jurisdiction of Italian courts over passengers’ claims for compensation against air carriers established in non-EU countries (order No 18257 of 2019). The […]
If you notice something strange on the EAPIL website today, don’t worry. We’re upgrading some of the site functions, which may result in small disruptions. The site as such is up and running. Apologies for any inconvenience!
The author of this post is María Barral Martínez, trainee at the Court of Justice of the European Union. On 26 March 2020, Advocate General Campos Sánchez-Bordona issued his Opinion in C-80/19, E.E. (the text of the Opinion was not available in English at the time of publishing this post). At first glance, the case […]
Marion Ho-Dac, of the Polytechnic University of Hauts-de-France, has joined the team of editors of this blog. Check her first post here!
The author of this post is Tomaso Ferando, Research Professor at the University of Antwerp. This is the third in a series of posts aimed to explore the impact of the coronavirus crisis on the phenomena of mobility and exchange that form the constituent elements of private international law, and to discuss the responses that […]
The author of this post is Giovanni Chiapponi, research fellow at the MPI Luxembourg. The post is based on a presentation given at the weekly meeting of researchers of Department 1 of the MPI Luxembourg on 11 March 2020. This is the first in a series of posts aimed to explore the impact of the coronavirus […]
The author of this post is Marlene Brosch, senior research fellow at the MPI Luxembourg. The first advisory opinion of the European Court of Human Rights (ECtHR) under Protocol 16 to the European Convention on Human Rights (ECHR), rendered on 19 April 2019, tackled no less than the highly sensitive and controversial topic of surrogacy […]
The European Association of Private International Law will hold its founding conference in Aarhus on 14, 15 and 16 May 2020. We have invited the speakers to talk in turn about the topic of their presentations and briefly address the issues they will be discussing in Aarhus. The first speaker we host in this series […]
The EAPIL founding conference, scheduled to take place in Aarhus on 14, 15 and 16 May 2020, is fast approaching. We are happy to announce that all law students without a final master degree in law may now register to the conference at a reduced fee of 30 Euros. The reduced fee gives access to […]
The author of this post is François Mailhé (University of Picardy – Jules Verne). “Nul n’a de droit à l’enfant”, that is, no one has a right to a child. This is the first amendment the French Senate has recently added to the latest reform of the Bioethics Act 1994 under discussion in Parliament this month, and which […]
We are delighted to announce that Matthias Lehmann, of the University of Bonn, has joined the team of editors of the EAPIL blog! Check out his first post, regarding the ruling of the Court of Justice in Bondora.
The post below was written by Martina Mantovani, Research Fellow at the Max Planck Institute Luxembourg. The Schrems II case, currently pending before the CJEU, has brought into the spotlight the possibilities offered by Article 26 of Directive 95/46/EC and by Article 46 of the General Data Protection Regulation (GDPR) for transferring personal data outside […]
The author of this post is François Mailhé (University of Amiens). On 18 December 2019, in three decisions, the French Cour de cassation decided to go one (last?) step further in the efficiency of foreign surrogacy and other medically-assisted procedures (MAPs): the birth certificate mentioning one man as “father” and another man as “parent”, or one woman […]
As advertised in a previous post, the founding conference of the European Association of Private International Law will take place in Aarhus on 14-16 May 2020. The detailed programme of the conference is available here, together with information on transport and accommodation. Those wishing to attend the conference are asked to register here. An early […]