Entries by Gilles Cuniberti

Gascon on Povse: a Presumption of ECHR Compliance when Applying the European Civil Procedure Rules?

Fernando Gascón Inchausti  is Professor of Law at Universidad Complutense de Madrid On the basis of the provisions of Articles 11(8) and 42(2) of the Brussels IIa Regulation, the Austrian courts, after a long and tortuous process, ended up ordering the Povse child’s return to Italy, considering that the enforcement system without exequatur introduced by […]

Povse v. Austria: Taking Direct Effect Seriously?

Dr. Rafael Arenas García is Professor of Private International Law at Universitat Autònoma de Barcelona Perhaps one of the most difficult questions in International Law is the relationship between international conventions. States must comply with the obligations established in the treaties they are bound by. All the parties to the treaty are entitled to require […]

Muir Watt on Abolition of Exequatur and Human Rights

Horatia Muir Watt is Professor of Law at Sciences Po Law School I. Framing the child-return issue. Several recent cases handed down by the two European Courts appear to be opening new vistas for conflicts of laws, in which human rights play a large part.  The cases are well-known (ECJ/CJUE Aguirre v Pelz 2010; ECtHR […]

Commentary of the Succession Regulation

The first commentary of the European Regulation No 650/2012 of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession has been published by Bruylant. The book is conceived as a commentary, […]

Online Symposium: Abolition of Exequatur and Human Rights

In June, the European Court of Human Rights ruled in Povse v. Austria that the abolition of exequatur was compatible with the European Convention of Human Rights, and that the mechanism introduced by the Brussels IIa Regulation was not dysfunctional from the perspective of the Convention. In December 2010, the Court of  Justice of the European […]