EAPIL blog

Sometimes You Lose, Sometimes You Win I have reported about Austrian customers’ attempts to recover their losses from Maltese online casinos and the resulting conflict of jurisdiction previously. Yet sometimes the customer actually wins! And – surprise, surprise – the online casinos refuse to pay out by invoking the prohibition of gambling under the Austrian […]

A new book titled Brussels II-ter – Cross-border Marriage Dissolution, Parental Responsibility Disputes and Child Abduction in the EU has been published by Larcer-Intersentia. The authors of the book are Nigel Lowe (Cardiff University), Constanza Honorati (Milano-Bicocca University) and Michael Hellner (Stockholm University). The description of the book at the publisher’s website reads as follows. […]

On 11 April 2024, the CJEU delivered its judgment in case C-183/23, Credit Agricole Bank Polska. The case was concerned with a consumer who was previously domiciled in a Member State, but who had relocated to an unknown location. It raised the issue of the territorial scope of the Brussels I bis Regulation. The CJEU confirms its […]

As announced in a previous post, a seminar series on the recast of Brussels I bis Regulation, is taking place during the 2023-2024 academic year, both in Paris at the Cour de cassation and online (in French), under the scientific coordination of Marie-Elodie Ancel (University of Paris-Panthéon-Assas) and Pascal de Vareilles-Sommières (University of Paris 1 Panthéon-Sorbonne). The fourth seminar will […]

As announced in a previous post, the tenth Congress of Private International Law of the Carlos III University of Madrid will take place on 16 and 17 May 2024. It will be devoted to the recognition and enforcement of decisions in the area of family law and other procedural issues. The speakers include Esperanza Castellanos […]

In a judgment of 20 February 2024, the Rotterdam District Court awarded a provisional measure in relation to the transfer of property rights regarding a property situated in Spain on condition that proceedings on the merits would be initiated by the claimant before the competent Spanish court. Facts A person identified in the case as […]

On 16 April 2024, Directive (EU) 2024/1069 of the European Parliament and of the Council of 11 April 2024 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings (‘Strategic lawsuits against public participation’) has been published in the Official Journal of the European Union. Pursuant to Article 21, […]

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 […]

Many will remember the brilliant Austrian-American conflicts scholar Albert A. Ehrenzweig. He is associated with the ‘lex fori theory’, according to which courts faced with cross-border situations should primarily follow their own national law. He is also, together with Eric Jayme, the author of a multi-volume treatise on private international law. This short description does […]

Jacco Bomhoff, Associate Professor at LSE Law School, has published an important article on US conflicts revolution and history of private international law. The title of the article is ‘Rationalising Mid-Century Choice of Law: Legal Technique and its Limits in the “Dark Science” of Conflicts’ and it has been published by the Modern Law Review. […]

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 […]

There are big news for RabelsZ (Rabels Zeitschrift für ausländisches und internationales Privatrecht). Firstly, they have introduced a new layout, the merits of which are a matter of personal taste. Secondly, they have a new co-editor, Anne Röthel, who has recently joined the Max Planck Institute in Hamburg as a director. However, the most significant […]

The fourth issue of the Revue critique de droit international privé for 2023 will be released shortly. It contains two articles, several briefing notes as well as numerous case notes on private international law. In the first article, El Hadji Samba Ndiaye (Cheikh Anta Diop University, Dakar) examines the growing situations of conflicts of nationality […]

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 […]

So-called ‘defeat devices’, which mimic low carbon dioxide emissions of Diesel cars during tests, have been a problem not just for car purchasers but also for the CJEU. In the case VKI v VW, the Court had to decide on the place at which the purchaser may file a claim against the car manufacturer. As […]

After the Easter pause the Court of Justice will resume its core activities. As of today, two decisions and two opinions are expected in private international law matters in April 2024. On Thursday 11 April , a chamber composed by judges O. Spineanu-Matei (reporting), J.C. Bonichot and L.S. Rossi will hand down its ruling in […]

The call for papers is open for the X International Conference on Private International Law of the Carlos III University of Madrid, which will take place on 16 and 17 May 2024. This year’s conference will focus on recognition and enforcement of decisions in private international family law and other procedural matters. All those interested […]