International Commercial Courts for Germany?
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 theContinue Reading
Category: Views and comments
European Commission’s Brussels I Study and Jurisdiction in Employment Matters – A Disappointment
The author of this post is Uglješa Grušić, Associate Professor, Faculty of Laws, University College London. As has already been reportedContinue Reading
CJEU Rules on “Implied Waiver” of Consumer Status under Brussels I bis
On 9 March 2022, the CJEU ruled on the concept of “consumer” under Article 17(1)(c) of Brussels I bis RegulationContinue Reading
(Again) On the Notion of “Judgment” and “Court” in EU Private International Law.
“A rose is a rose is a rose”, goes the famous quote. It indicates a basic, intuitive truth: the wordsContinue Reading
Private International Law of Out-of-Court Divorce. The Spanish Case in a Nutshell
Following the publication of her monograph on PIL and non-judicial divorce, I have invited Nuria Marchal Escalona to provide anContinue Reading
Digital Services Act – Part Two: Inside the Belly of the Beast
This is the and final part of a post collectively written by Marion Ho-Dac and Matthias Lehmann. Part one isContinue Reading
Jurisdiction in Employment Matters under Brussels I bis: A Proposal for Reform
The author of this post is Uglješa Grušić, Associate Professor at the Faculty of Laws of the University College London.Continue Reading
Digital Services Act – Part One: An Outside Look at the Monster
This post was collectively written by Marion Ho-Dac and Matthias Lehmann. It consists of two parts. Part two can beContinue Reading
Private International Law in the Proposal by the UNIDROIT Working Group on Digital Assets
UNIDROIT has started an online consultation on its Draft Principles and Commentary on Digital Assets and Private Law, which MarcoContinue Reading
French Supreme Court Rules on the Application of Anational Norms under the 1980 Rome Convention
This post was contributed by Catherine Kessedjian, Professor Emerita of the University Paris Panthéon-Assas and Chair of the ADI/ILA 2023Continue Reading
Private International Law and Climate Change: the “Four Islanders of Pari” Case
In a post published on this blog in 2022, I addressed the relationship between private international law (PIL) and strategicContinue Reading
The Silent Death of Conflict-of-Law Provisions in EU Directives?
This post was written by Felix M. Wilke, University of Bayreuth. The new EU Sale of Goods Directive 2019/771 andContinue Reading
In the Aftermath of the MPA Case: Is the Wife Able to Divorce?
The author of this post is Cristina González Beilfuss (University of Barcelona). The MPA case (Case C-501/20), decided by the CJEUContinue Reading
Towards a European Digital Identity Wallet? A Private International Law Perspective
A recent Briefing paper titled Updating the European digital identity framework, authored by Mar Negreiro and Maria Niestadt (from theContinue Reading
EU Private International Law before the ECJ: Back to Procedural Issues
This is the last post in the series dedicated to the empirical analysis of the ECJ’s case law in theContinue Reading
EU Private International Law before the ECJ: the Participation of States, Institutions and Parties
As announced in the first post in this series, I will continue my empirical analysis of the ECJ’s case lawContinue Reading
EU Private International Law Before the ECJ: the Origin of Preliminary References
I am coming back to the topic of a recent post published on this blog, where I analyzed the trends emergingContinue Reading
Jurisdiction of Courts under the French Draft PIL Code
This post, written by Pascal de Vareilles Sommières, who is a Professor at the University of Paris 1 Panthéon-Sorbonne, isContinue Reading
Parentage under the French Draft PIL Code – Part 2
This is the second and final part of a post contributed by Estelle Gallant, regarding the provisions on parentage inContinue Reading
Parentage under the French Draft PIL Code – Part 1
This post, written by Estelle Gallant, who is a Professor at the University of Toulouse Capitole, is the sixth inContinue Reading
An Opportunity to Reflect on Achievements and Challenges in EU Private International Law
Prompted by a kind invitation to participate in the International Weekend of ABILA (American Branch of the International Law Association,Continue Reading
EU Private International Law before the ECJ: A Look into Empirical Data
Private international lawyers and the ECJ are bound by a love-hate relationship: one single judgment delivered by the latter mayContinue Reading
Companies under the French Draft Code of PIL
This post was contributed by Thomas Mastrullo, who is an Associate Professor of Commercial Law at the University of Luxembourg.Continue Reading
The CJEU on the Brussels I bis Regulation and Patents Granted in Third States
The author of this post is Lydia Lundstedt, who is a Senior Lecturer at the Stockholm University. In IRnova (C-399/21),Continue Reading
London Steam-Ship, in the Eye of the Beholder
This post was authored by François Mailhé, who is Professor of Private Law at the University of Picardie Jules Verne.Continue Reading
A German Perspective on the French Draft PIL Code
This post was written by Stefan Leible and Felix M. Wilke (both University of Bayreuth). It is the fourth inContinue Reading
Standard Contractual Clauses and Private International Law: Welcome Clarifications and Lingering Doubts in the Light of the EU Commission’s Q&As
On 25 May 2022, the European Commission published a set of Questions and Answers (Q&As) to clarify the practical implementation ofContinue Reading
“And We’ll Have the Brits Pay for that Litigation” – But Will We Really?
This post was written by Paul Lorenz Eichmüller, University of Vienna. Austrian civil procedure law contains a provision that requiresContinue Reading
Notaries and EU PIL: Taking Stock of 5 Years of Case Law
On 19 May 2022, the CJEU rendered an inadmissibility order in case C-722/21, Frontera Capital. The request for a preliminaryContinue Reading
London Steam-Ship Owners: Looking Beyond the Case through the Lens of Res Judicata
This is the third contribution to an online symposium on the ruling of the European Court of Justice, of 20Continue Reading
Jurisdiction over Foreign Patent Disputes Is Again Before the CJEU
The author of this post is Lydia Lundstedt, Senior lecturer at the Stockholm University. Jurisdiction over foreign patent disputes is againContinue Reading
Policy Considerations Underlying the Rules on Jurisdiction – A Focus on Torts
The author of this post is Etienne Farnoux, who is a professor of law at the University of Strasbourg. HeContinue Reading
Necessity is the Mother of Invention: Wikingerhof (re)considered
The author of this post is Jachin Van Doninck, Lecturer in civil procedure, private international law and ADR at the VrijeContinue Reading
Brief Overview of the Directive Proposal on Corporate Due Diligence and PIL
On 23 February 2022, the proposal for a directive of the European Parliament and of the Council on Corporate SustainabilityContinue Reading
What Role for Private International Law in Youth-Led Climate Change Litigation?
The author of this post is Martina Mantovani, Phd Candidate at the University Panthéon-Assas. Climate change litigation has increased dramaticallyContinue Reading
Electronic Consumer Contracts and Private International Law: Combining Targeting Test with Dis-targeting Test
The author of this post is Zhen Chen, PhD researcher of Private International Law at the University of Groningen. ConsumerContinue Reading
CJEU Adds a New Piece to the ‘Mosaic’ in Gtflix Tv
The author of this post is Marco Buzzoni, Research Fellow at the Max Planck Institute Luxembourg. On 21 December 2021,Continue Reading
Hrvatske Sume: A View from Vienna
The post below was written by Matthias Lehmann, who is Professor of Private International Law at the University of Vienna.Continue Reading
Hrvatske Sume: A View from Paris
The post below was written by Bernard Haftel, who is Professor of Private International Law at the University of SorbonneContinue Reading
Hrvatske Sume: A View from Oxford
The post below was written by Adrian Briggs QC, who is Professor of Private International Law Emeritus at the UniversityContinue Reading
Hrvatske Sume: A View from Hamburg
This is the first contribution to the on-line symposium regarding the ruling of the Court of Justice in the caseContinue Reading
Update on PIL Aspects of Environmental Damage and Human Rights Violations in Supply Chains
This post was contributed by Olivera Boskovic, who is a Professor at the Université de Paris. The situation of victimsContinue Reading
Gruber and Samidani Trans: Dépeçage for International Employment Contracts
The author of this post is Erik Sinander, Senior lecturer at the Stockholm University. In a judgment of 15 July 2021, over twoContinue Reading
The Rise (and Incipient Decline?) of the EPO Regulation in Spain
The author of this post is Carlos Santaló Goris, research fellow at the MPI Luxembourg and Ph.D. candidate at theContinue Reading
French Parliament Adopts Mandatory Law to Enforce Reserved Share in Succession Matters
The author of this post is Christelle Chalas, who is an Associate Professor at the University of Lille. Background The FrenchContinue Reading
Ex Officio Application of EU Choice of Law Rules: Should the Interests of the Parties Matter?
As reported by Fabienne Jault-Seseke on this blog, the French supreme court for civil and criminal matters (Cour de cassation)Continue Reading
The 2005 Hague Convention on Choice-of-Court Agreements: A Further Reply to Gary Born
After arguing that States Should Not Ratify, and Should Instead Denounce, the Hague Choice-Of-Court Agreements Convention, Gary Born received aContinue Reading
Jurisdiction in Matters Relating to Anti-competitive Practices – The CJEU in Volvo and Others
The authors of this post are Lena Hornkohl, LL.M. (College of Europe), Senior Research Fellow Max Planck Institute Luxembourg forContinue Reading
The Rome I Regulation, the CISG and the EU-AstraZeneca Dispute
The author of this post is Burcu Yüksel Ripley, who is a Lecturer in law and the Director of the Centre forContinue Reading
Effectenbezitters: A Flawed Argument to Limit Jurisdiction under Article 7(2) of Brussels I bis
This is the fourth post of an online symposium on the recent judgment of the CJEU in Vereniging van EffectenbezittersContinue Reading
Is the 2005 Hague Choice-of-Court Convention Really a Threat to Justice and Fair Play? A Reply to Gary Born
In a series of posts published at the Kluwer Arbitration Blog, Gary Born argues that States Should Not Ratify, andContinue Reading
Effectenbezitters: Which Lessons for Applicable Law?
This is the third post of an online symposium on the recent judgment of the CJEU in Vereniging van EffectenbezittersContinue Reading
Effectenbezitters: New Efforts to Localise the Place of Damage
This is the second post of an online symposium on the recent judgment of the CJEU in Vereniging van EffectenbezittersContinue Reading
Another “Fiftieth Anniversary”: The AETR decision of the Court of Justice
I am not especially keen on celebrating anniversaries. However, as things stand now in the European Union I thought itContinue Reading
An Afterlife for the Lugano Convention in Relation to the United Kingdom: Reality or Fantasy?
The post below was written by Alex Layton, of Twenty Essex, London. It is the third and final contribution to anContinue Reading
Okpabi v. Royal Dutch Shell: A View from France
The author of this post is Olivera Boskovic, who is Professor of Private Law at the Université de Paris. BackgroundContinue Reading
Forlati on the Fate of the 1968 Brussels Convention: Some Thoughts from the Perspective of the Law of Treaties
The post below was written by Serena Forlati, Professor of International Law at the University of Ferrara. It follows aContinue Reading
The Principle of Mutual Trust in EU law in the Face of a Crisis of Values
The author of this post is Cecilia Rizcallah. She is visiting Professor at the Université Saint-Louis-Bruxelles and at the UniversitéContinue Reading
Dickinson on the Fate of the 1968 Brussels Convention: No Coming Back?
The post below was written by Andrew Dickinson, Fellow of St Catherine’s College and Professor of Law, University of Oxford. ItContinue Reading
The Netherlands, A Forum Conveniens for Collective Redress?
On 5 February 2021, the Universities of Amsterdam, Maastricht and Tilburg, in collaboration with the Open University, organized an onlineContinue Reading
French Supreme Court Rules on Respective Scopes of Brussels II bis Regulation and 1996 Hague Convention
The author of this post is Estelle Gallant, professor of private law at the University of Toulouse 1 Capitole. OnContinue Reading
Sovereign Immunities and the Scope of the Brussels Ibis Regulation after Rina and SHAPE
In 2020, the Court of Justice of the European Union (CJEU) ruled twice on whether sovereign immunities are relevant toContinue Reading
A Few Questions Raised by the New EU Judicial Training Strategy
All the recent studies I am aware of on the application in practice of the EU private international law instrumentsContinue Reading
Greek Supreme Court Rules on Enforcement of UK Divorce Financial Payment
For the first time since the entry into force of the 1968 Brussels Convention and the EU Regulations in theContinue Reading
On Brexit and the Absence of Cooperation on Civil and Commercial Matters
As reported in other blogs (see for instance here and here), the Trade and Cooperation Agreement that the EU andContinue Reading
Here lies the Late Brogsitter Ruling
The post below was written by Bernard Haftel, who is Professor of Private International Law at the University of SorbonneContinue Reading
So Long, Savigny? The Case of Jurisdiction over External Directors’ Liability in Belgian Private International Law
The author of this post is Michiel Poesen, PhD candidate at KU Leuven. This post tells a short story aboutContinue Reading
Wikingerhof: A View from Hamburg
The post below was written by Peter Mankowski, who is Professor of Private International Law at the University of Hamburg.Continue Reading
Freedom of Choice in Wikingerhof
The post below, written by Gilles Cuniberti, a professor of Private International Law at the University of Luxembourg, and anContinue Reading
The Fate of Choice of Court Agreements Following an Assignment of Claims: A Recent Ruling of the Italian Supreme Court
The author of this post is Caterina Benini, a Phd student at the Catholic University of the Sacred Heart inContinue Reading
Wikingerhof: A View from Oxford
The post below was written by Adrian Briggs QC, who is Professor of Private International Law at the University ofContinue Reading
Wikingerhof: CJEU Reestablishes Equilibrium between Contract and Tort Jurisdiction
The EAPIL blog hosts an online symposium on the ruling of the Court of Justice in the case of WikingerhofContinue Reading
The COVID-19 Pandemic and Commercial Contracts
The author of this post is Franz Kaps, Lawyer at DL Piper, Frankfurt am Main. To stop the spread ofContinue Reading
(Private) International Law for a Digitalised World – Collision, Coexistence or Combination?
The author of this post is Prof Dr Dan Jerker B. Svantesson, Professor at the Faculty of Law, Bond UniversityContinue Reading
From Direct Application of European Uniform Procedures to Implementation Legislation in Romania
The European Order for Payment (EOP, Regulation (EC) No 1896/2006), the European Small Claims Procedure (ESCP, Regulation (EC) No 861/2007)Continue Reading
Taking Notice Directly of Foreign Law in Child Abduction Proceedings
In a recent e-mail exchange, Paul Beaumont and Jayne Holliday (both working now at the University of Stirling) drew myContinue Reading
Should Russia Sign the 2019 Judgments Convention?
The Russian Legal Information Agency has announced that Russia’s Justice Ministry, acting jointly with the Foreign Ministry and the SupremeContinue Reading
The Court of Justice on the Succession Regulation: Carlos Santaló Goris on the E.E. Case
The EAPIL Blog hosts today two posts on the ruling of the Court of Justice in E.E., a case regardingContinue Reading
The Court of Justice on the Succession Regulation: Matthias Lehmann on the E.E. Case
The EAPIL Blog hosts today two posts on the ruling of the Court of Justice in E.E., a case regardingContinue Reading
Articulation between European and (French) National PIL – A Case Study
On 2 September 2020, the French Supreme Court for private and criminal matters (Cour de cassation) issued an interesting decisionContinue Reading
Human Rights in Global Supply Chains: Do We Need to Amend the Rome II Regulation?
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 rightsContinue Reading
On Antisuit Injunctions and Practical Jokes
On 14 August 2020, the Department of European and Comparative Procedural Law of the MPI Luxembourg met online with aContinue Reading
Limits to Cross Border Evidence Taking
Jorg Sladič is an associate professor of international and European law at the European faculty of law in Ljubljana (Slovenia).Continue Reading
Service by Post Under the Hague Service Convention: Who Has the Last Word?
San Marino, the independent State surrounded by Italy, is home to about 5,000 undertakings. Unsurprisingly, given the size of theContinue Reading
On the Vicissitudes of Cross-Border Cooperation in the Service of Documents
Practice shows that we’re far away from a perfect world of cooperation between state authorities in the field of cross-borderContinue Reading
LIIs and Foreign Law
Still on the application of foreign law (see my previous post here), a second topic has caught my eye: thatContinue Reading
Is Access to Legal Information a Human Right? A Short Reflection on the Application of Foreign Law
While doing some research on the topic of the application of foreign law (frustrating: nothing has happened at the international levelContinue Reading
COVID-19 and the Right to Respect for Family Life under Article 8 ECHR
The author of this post is Nadia Rusinova, Lecturer in International/European Private Law at The Hague University of Applied Sciences. This is theContinue Reading
Mastermelt Ltd v Siegfried Evionnaz SA: Would the Lugano Convention Provide a Level Playing Field for Judicial Cooperation Post-Brexit?
The author of this post is Aygun Mammadzada, PhD Researcher at the Institute of Maritime Law of the University of Southampton. Status quo WithdrawalContinue Reading
Do Companies have Personality Rights? – Negative Online Reviews and the Rome II Regulation
The German Federal Court (Bundesgerichtshof) rendered an important ruling on jurisdiction and applicable law in claims against internet portals publishingContinue Reading
The Forthcoming EU Digital Services Act and Private International Law
The European Parliament’s Legal Affairs Committee issued on 22 April 2020 a draft report with recommendations to the Commission onContinue Reading
Impact of Coronavirus on English Civil Proceedings: Legislative Measures During Emergency and Potential Outcomes
The author of this post is Aygun Mammadzada, PhD Researcher at the Institute of Maritime Law of the University of Southampton. This is theContinue Reading
Developments in PIL Domestic legislation Normative texts Social, political, historical events Views and comments
The COVID-19 Crisis and Employment Contracts: the Italian Emergency Legislation on Dismissals
The author of this post is Caterina Benini, a PhD student at the Catholic University of the Sacred Heart inContinue Reading
Álvarez-Armas on the Law Applicable to Human-rights-related Torts in the EU as Compared with Environmental Torts
The author of this post is Eduardo Álvarez-Armas, Brunel University London and Université Catholique de Louvain. As announced in this blog, Anne Peters, SabineContinue Reading
Some Thoughts on ‘Authorized Representatives’ under the EU Service Regulation
On 27 February 2020 the Court of Justice rendered its ruling in Corporis (case C-25/19), a case regarding the interpretationContinue Reading
Where Did Economic Loss Occur in the VW Emissions Case?
On 2 April 2020, the conclusions of Advocate General Sánchez-Bordona in Verein für Konsumenteninformation v Volkswagen (Case C-343/19) were published. They addContinue Reading
Law and Global Value Chains at the Time of Covid-19: A Systemic Approach Beyond Contracts and Tort
The author of this post is Tomaso Ferando, Research Professor at the University of Antwerp. This is the third inContinue Reading
Corona Virus and Applicable Law
This is the second in a series of posts aimed to explore the impact of the coronavirus crisis on theContinue Reading
The Unambitious Reform of the Evidence Regulation
In May 2018, the European Commission published a proposal for a Regulation amending the 2001 Evidence Regulation. The name ofContinue Reading
The Dialogue Between Judges on the Legal Status of Children Born Through Surrogacy
The author of this post is Marlene Brosch, senior research fellow at the MPI Luxembourg. The first advisory opinion ofContinue Reading
The Law Applicable to Investor Claims: New Developments from the Rechtbank Rotterdam’s Judgment in Petrobas
On 29 January 2020, the Rechtbank Rotterdam (a Dutch court of first instance) ruled on the law applicable to claimsContinue Reading
Mantovani on Contractual Obligations as a Tool for International Transfers of Personal Data
The post below was written by Martina Mantovani, Research Fellow at the Max Planck Institute Luxembourg. The Schrems II case,Continue Reading
Environmental Damage, Civil Liability and Jurisdiction (or Arbitration?)
On 12 December 2019, Judge Bruno Simma and the Drafting Team of The Hague Rules on Business and Human RightsContinue Reading
Collective Interests of Consumers – a Directive in the Making
Background On 11 April 2018, the Commission published a proposal for a new Directive on representative actions for the protectionContinue Reading