Call for Special Issue Proposals

per Matthias Goldmann

The German Law Journal has a successful tradition of publishing timely and innovative special issues. Some of these have become standard works in their respective areas of research. While some of the special issues are curated by the Editorial Board, the German Law Journal has often worked with guest editors. To ensure both the highest quality for our readers and the best possible experience for our guest editors, the German Law Journal has launched its third call for special issues and invites prospective guest editors to submit their proposals. The deadline is 31 January 2018. For more information, please visit http://www.germanlawjournal.com/call-for-special-issue-proposals

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Habitual Residence in European Private International Law

Bettina Rentsch, Humboldt-University Berlin, has authored book about the concept of “habitual residence” in European private international law (Der gewöhnliche Aufenthalt im System des Europäischen Kollisionsrechts, ISBN 978-3-16-155172-7). Published by Mohr Siebeck, she sheds light on the concept as such and re-frames the ongoing academic debate with a focus on the relationship between habitual residence and party autonomy.

The book is in German, but the author has kindly provided us with the following English language summary:

European PIL has become increasingly heterogeneous in its legal foundations, shape and principles. Still, all so-called “Rome” regulations are homogeneous if not even uniform in their connecting factors: In the absence of Choice, the law applicable will determined by virtue of Habitual Residence. As a general baseline, the pairing of Party Autonomy and Habitual Residence is a common feature of all Rome regulations. While the recent rise of the former anhas given rise to widespread academic discussion, little has been said on why the EU legislator ever came to choose Habitual Residence as its primary “objective” connecting factor. Neither is there clarity on the political backgrounds nor on the secondary question of whether the former is identical in all contexts Habitual Residence is employed in.

Job Vacancy: Research Assistant (50%) at the University of Bonn, Germany

Professor Dr. Nina Dethloff, Institute for German, European and International Family Law, University of Bonn, Germany, is looking for a research assistant (WissMit) on a part-time basis (50%) as of 1 January 2018 or later.

The candidate should hold a first law degree (as the German First State Exam) and be interested in the international and European dimensions of family law, comparative law and private international law. A very good command of German is required. Knowledge of French and English or other languages is an asset, as are good IT skills.

The fellow will have the opportunity to conduct his or her PhD project (according to the Faculty’s regulations). The position is paid according to the German public salary scale E-13 TV-L, 50%.

Opinion of Advocate General Bobek on Articles 15 and 16 Regulation No 44/2001 (Schrems, Case C-498/16)

Written by Stephan Walter, Research Fellow at the Research Center for Transnational Commercial Dispute Resolution (TCDR), EBS Law School, Wiesbaden, Germany.

Today, Advocate General Bobek delivered his opinion in Schrems (Case C-498/16) on the interpretation of Articles 15 and 16 of Regulation No 44/2001.

The Austrian Supreme Court referred two preliminary questions to the CJEU:

(1) Is Article 15 of [Regulation No 44/2001] to be interpreted as meaning that a “consumer” within the meaning of that provision loses that status, if, after the comparatively long use of a private Facebook account, he publishes books in connection with the enforcement of his claims, on occasion also delivers lectures for remuneration, operates websites, collects donations for the enforcement of his claims and has assigned to him the claims of numerous consumers on the assurance that he will remit to them any proceeds awarded, after the deduction of legal costs?

50 Years of EU Private International Law in Therapy – Call for Papers

I have just received this Call for papers related to the International Seminar “50 Years of EU Private International Law in Therapy”, organized by the Spanish Association of Professors of International Law and International Relations (AEPDIRI) and the University of Valencia (Spain). It will be held in Valencia on January 25th, 2018.

The purpose of the seminar is to critically examine the five decades of codification of private international law in the EU, assessing its achievements and shortcomings, as well as its interaction with existing national and conventional responses, and with the practice of legal practitioners. In short, the seminar seeks to assess the regulatory and policy outcomes and their impact on the activity of EU operators and citizens. It covers the three classic fields of international jurisdiction, applicable law, and circulation of judgments and public documents in the European Union, without focusing on any specific act adopted by the EU. Future prospects for the process will also be addressed, considering the regulatory proposals on which the European Commission is working.

On the application of Art. 19.2 Service Regulation

In a recent ruling, the Supreme Court of Greece dismissed a cassation against an appellate decision, confirming the findings of the first instance ruling, which issued a default judgment against an Italian company, following the return of a non-service certificate by an Italian bailiff. The interesting part of the judgment is related to the application of Art. 19.2 Service Regulation. The questions raised are twofold:

First, the extent of efforts to be made by the Receiving Authority, before deciding to return the document to the Transmitting Authority.

Second, the presumption of the Greek Supreme Court that failure of the defendant to notify his change of abode, allows a court to continue with the proceedings, even when the change occurred before lis pendens.

EU Study on “Cross-border restitution claims of looted works of art and cultural goods”

The European Parliamentary Research Service (EPRS) has published the results on its Study “Cross-border restitution claims of looted works of art and cultural goods”. The objective of the Study is described as follows:

“Works of art and cultural goods looted in armed conflicts or wars usually travel across several borders when they are sold. The cross-border character of looted art creates legal challenges for restitution claims as they often concern various national jurisdictions, with differing rules, as well as fragmented and insufficiently defined legal requirements in international and European legal instruments. Against this background, this European Added Value Assessment identifies weaknesses in the existing EU legal system for restitution claims of works of art and cultural goods looted in armed conflicts and wars. Moreover, it outlines potential legislative measures that could be taken at the EU level and that could generate European added value through simplification and harmonisation of the legal system in this area.”

Planning the Future of Cross-Border Families: A Path Through Coordination. Final Conference

On 1 December 2017, the University of Milan will host the final conference of the Project ‘Planning the Future of Cross-Border Families: A Path Through Coordination’ (JUST/2014/JCOO/AG/CIVI/7729, co-funded by the European Commission under the Civil Justice Programme).

The Project aims at analyzing the practice of several Member States concerning the application of EU Regulations No 2201/2003, No 1259/2010, No 4/2009, and No 650/2012, as well as the 2007 Hague Maintenance Protocol, and the 2007 Hague Recovery Convention. It has been carried out by the University of Milan together with the MPI Luxembourg, the Universities of Heidelberg, Osijek, Valencia and Verona, and in partnership with several family lawyers associations – the Italian AIAF, the Spanish AEAFA-, the Italian Scuola Superiore della Magistratura, and the Croatian Pravosudna akademija.

The event is free of charge and it will be held in English and Italian with simultaneous interpretation. Registration is nevertheless compulsory (click here, also to access the full program ).

Out now: Issue 4 of RabelsZ 81 (2017)

The new issue of “Rabels Zeitschrift für ausländisches und internationales Privatrecht  – The Rabels Journal of Comparative and International Private Law” (RabelsZ) has just been released. It contains the following articles:

Marc-Philippe Weller, Vom Staat zum Menschen: Die Methodentrias des Internationalen Privatrechts unserer Zeit (Referral, Recognition and Consideration: New Methodological Approaches in Private International Law):

This article draws attention to new methodological challenges posed by an increasingly globalized world: In modern European societies, individual interests are becoming more and more important, demanding private international law to no longer only determine the legal order closest connected to the respective case, but to consider individual interests and substantive arguments as well. To cope with these current developments, private international law must find a balance between individuals’ and states’ interests, while ensuring international consistency at the same time. This article aims at showing that these challenges can, however, be met if the existing system of referral was complemented by methods of recognition and consideration of local and moral data.

Conference on EU Private International Law at the University of Szeged (Hungary), 17 November 2017

The Department of Private International Law of the University of Szeged and the Federal Markets “Momentum” Research Group (established by the Hungarian Academy of Sciences and the University of Szeged) are convening a conference on “Global challenges, European unification and national diversity in private international law”. The conference is organized by Professor Csongor István Nagy, and supported by the Ministry of Justice of Hungary.

The focus will be on the global challenges emerging for EU private international law, including their causes and consequences. Besides the European perspective, the national perspective is a central theme of the conference due to recent re-codifications and major reforms of domestic private international law in Poland, the Czech Republic, Hungary and Romania (re-codification in Croatia is pending). The national experiences regarding the symbiosis of the EU and the national regimes will be discussed. The speakers will explore the evolving interaction between EU conflict of laws and national systems featured by various forms of cross-fertilization.