Updated European Small Claims Guides

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The new Practice Guide and User Guide for the European Small Claims Procedure, prepared by Xandra Kramer (ESL, Erasmus University Rotterdam, Utrecht University) in collaboration with the European Commission and the European Judicial Network, have been published. These updates were necessitated by the amendments to the European Small Claims Regulation, resulting from Regulation No 2015/2421 as applicable since 14 July 2017. The European Small Claims Regulation provides a uniform, low threshold procedure for consumers to claim their rights in cross-border cases in the EU.

‘The most significant amendment is the raising of the monetary limit of the procedure from €2,000 to €5,000 (Article 2). Most other amendments aim at strengthening the use of distance communication technology, including to conduct oral hearings (Article 8), and the taking of evidence (Article 9) and enabling the e-service of documents (Article 13) and distant payment of court fees (Article 15a). Other amendments are that the primacy of the written procedure is underlined (Article 5), the practical assistance of parties is strengthened (Article 11) and the rule on minimum standard for review is clarified (Article 18). New provisions are inserted regarding the requirement that court fees should be proportionate (Article 15a), the language of the enforcement certificate (Article 21a) and the enforcement of court settlements (Article 23a). In addition, Regulation No 2015/2421 amended one provision of the Order for Payment Procedure (15). Article 17 of that Regulation now envisages a transfer to the European Small Claims Procedure in cases where a statement of opposition is lodged against the payment order, where the European Small Claims Procedure is applicable.’ (p. 12 Practice Guide).

One of the novelties in the User Guide and the Practice Guide is the link to available ADR mechanisms and the reference to the ODR platform, which informs consumers and practitioners about the existing alternatives and secure a more integrated approach to consumer dispute resolution. The publication of the new guides are part of a European consumer campaign launched in July. The Guides as well as other tools on and information about the Small Claims Procedure – including an infographic for consumers, a leaflet for legal professionals, a leaflet for businesses and a web toolkit – are available in the Small Claims Section of the e-Justice Portal.

Greek Commentary on the ESCP Regulation

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The first Commentary on the Small Claims Regulation (861/2007) in Greece has just been published. The volume sheds light on all aspects of cross border small claims litigation within the EU, approaching the topic both from a domestic and an EU-case law viewpoint.

The authors are the following:

Prof. Arvanitakis (Aristotle University, Thessaloniki): Introduction, Articles 1-3 & 17-19

Ass. Professor Yiannopoulos (Democritus University, Thrace): Articles 4-8 & 13-15

Kalli Chronopoulou (Judge): Articles 9-12 & 15a-16

Dr. Karameros (Visiting Lecturer, Neapolis University, Paphos): Articles 20-29

 

This book is part of an ambitious project, inspired by Prof. Arvanitakis & Prof. Vassilakakis, which aims at publishing a full set of Commentaries on Private International Law EU – Regulations in Greek. The project kickstarted with the publication of the Commentary on the Brussels II bis Regulation (2016). Commentaries on the Brussels I a Regulation and at a later stage the Succession Regulation will follow.

Save the date and register now for the 2nd Conference on European Private International Law taking place in Aarhus in 2020!

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Since the entry into force of the Treaty of Amsterdam in 1999, the European Union has adopted an impressive number of regulations in the field of Private International Law. As a result, Private International Law has gradually become a truly European discipline. However, a truly pan-European forum to discuss issues of European Private International Law is still missing. Following a conference in Berlin in 2018, a group of Private International Law scholars from all over Europe[*], therefore, felt that it was time for a European Association of Private International Law (EAPIL).

The Association will be established in late 2019 and its establishment celebrated at a conference to  be held at Aarhus University, Denmark, from 14 to 16 May 2020. The conference will bring together academics and practitioners from all over Europe and provide a unique opportunity to talk and think about European Private International Law in a pan-European fashion. Topics to be discussed will include the effects and the challenges of digitalization, the problems of fragmentation as well as other challenges the discipline is currently facing.

Confirmed speakers are:

  • Marie-Élodie Ancel (Université Paris-Est Créteil)
  • Francisco Garcimartín-Alférez (Autonomous University of Madrid)
  • Burkhard Hess (Max Planck Institute Luxemburg)
  • Thalia Kruger (University of Antwerp)
  • Matthias Lehmann (University of Bonn)
  • Ralf Michaels (Max Planck Institute Hamburg)
  • Peter Arnt Nielsen (Copenhagen Business School)
  • Haris Pamboukis (University of Athens)
  • Gian Paolo Romano (University of Geneva)
  • Marta Pertegás Sender (University of Maastricht)
  • Maciej Szpunar (Court of Justice of the European Union)
  • Andreas Stein (European Commission)
  • Christiane Wendehorst (University of Vienna)

If you are interested in attending, please register via the conference website. For any other questions, please get in touch with the local organizer, Morten M. Fogt (mmf@law.au.dk).

Information about the European Association of Private International Law (EAPIL) including information about how to join will soon be made available on this blog!

[*]Apostolos Anthimos, Sabine Corneloup, Gilles Cuniberti, Morten M. Fogt, Pietro Franzina, Agnieszka Frackowiak-Adamska, Jan von Hein, Thomas Kadner Graziano, Eva-Maria Kieninger, Johan Meeusen, Pedro de Miguel Asensio, Marta Requejo Isidro, and Giesela Rühl.

 

Conference on the ‘Application of the Succession Regulation in the EU Member States’ in Katowice

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On 12 September 2019, the University of Silesia in Katowice (Poland) will host an international conference on the Regulation (EU) No 650/2012 of the European Parliament and of the Council – the Succession Regulation and on the various issues relating to the succession matters within the European area of freedom, security and justice.

The conference is organized at the occasion of the annual session of the European Group for Private International Law (EGPIL/GEDIP) that will be held at the premises of the University of Silesia in Katowice at the invitation of a member of the Group and a Professor of this University – First Advocate General at the CJEU Maciej Szpunar.

The opening session of the conference will be devoted to the review of Member States’ first experiences with the application of the Succession Regulation. This session will be followed by two panel discussions.

The opening session and both panels will be attended by renowned scholars and practitioners, including but not limited to: Professor Stefania Bariatti (University of Milan), Professor Andrea Bonomi (University of Lausanne), Professor Jürgen Basedow (Max-Planck-Institut für ausländisches und internationales Privatrecht), Professor Christian Kohler (University of Saarbrücken), Professor Paul Lagarde (University of Paris 1 – Panthéon-Sorbonne, Professor emeritus), Professor Cristina González Beilfuss (University of Barcelona) and Michael Wilderspin (European Commission).

The working language of the conference is English, no translation is foreseen.

The fee covering participation in the conference, additional materials and meals including attendance at the reception held after the closing of the deliberations equals to less than 60 EUR.

The draft programme of the conference is available here. More details are available at the website of the University hosting the conference.

Upon the conclusion of the conference, on 13 September 2019, the University of Silesia will award a Doctorate Honoris Causa to the renowned scholar, Professor Paul Lagarde who will deliver a commemorative lecture at this occasion. This ceremony will start at 11:00 AM.

For any inquires that you may have relating to these events, please contact monika.jagielska@us.edu.pl or krzysztof.pacula@curia.europa.eu.

Internships available: The HCCH now accepts applications

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The Permanent Bureau of the Hague Conference on Private International Law (HCCH) seeks high-achieving interns for January to July 2020.

An internship with the HCCH offers a unique opportunity to deepen the knowledge of private international law, better understand how the HCCH functions, and contribute to the work of the Organisation.

Interested? Then lodge your application by Monday 30 September 2019.

For more information, including the application requirements, check out the HCCH website at: https://www.hcch.net/en/recruitment/internships#legal.

Job Vacancy: Researcher in Foreign and/or Private International Law

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Professor Matthias Lehmann, Director of the Institute for Private International and Comparative Law, University of Bonn, University of Bonn, Germany, is looking for one highly skilled and motivated PhD candidate and fellow (Wissenschaftliche/r Mitarbeiter/in) on a part-time basis (50%). The earliest starting date is 1 October 2019.

The successful candidate holds a first law degree, preferably from a jurisdiction outside of Germany. She or he is acquainted in the comparative and international dimensions of private law, and ideally also interested in questions of financial law, in particular the new problems raised by cryptocurrencies. An excellent command of English and a basic knowledge of German are required. Knowledge of another language as well as good IT skills are additional factors that may be taken into consideration.

The fellow will be given the opportunity to conduct his/her PhD project or post-doc project according to the Faculty’s regulations. The position is paid according to the German public salary scale E-13 TV-L, 50% (about 1300 Euro net per month). There will be an opportunity to increase the position and salary to 75% as of April 1, 2020 should the candidate wish to do so. The initial contract period is up to three years, with the option to have a shorter period or to renew it, according to the wishes of the candidate. Responsibilities include independent teaching obligations (2 hours per week during the semester in a subject of choice of the candidate) as supporting Professor Lehmann in his research and teaching.

If you are interested in this position, please send your application (cover letter in English; CV; and relevant documents and certificates, notably university transcripts and a copy of law degree) to lehrstuhl.lehmann@jura.uni-bonn.de by July 22, 2019. The University of Bonn is an equal opportunity employer.

Registration is now open for the 11th International Forum on the electronic Apostille Program (e-APP)

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To register please click on the official Fortaleza Forum website.

The Forum is open to any interested expert. Participation is free of charge but advance registration is required. The deadline for registrations is Friday 13 September 2019.

The HCCH news item is available here.

Job vacancy: Research Assistant at the Chair for Private Law, Private International Law and Comparative Law in Trier (Germany)

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The Faculty of Law at the University of Trier is looking for a research assistant (Wissenschaftliche(r) Mitarbeiter(in) (m/w/d)) at the Chair for Private Law, Private International Law and Comparative Law (Prof. Dr. Jens Kleinschmidt, LL.M. (Berkeley)) on a part-time basis (50 %).

The position will be paid according to the salary scale E 13 TV-L, and the contract will be for an initial period until 30 June 2022.

The research fellow will be given the opportunity to conduct a Ph.D. project under the chairholder’s supervision (according to the applicable regulations of the Law Faculty). His/her tasks will include supporting the chairholder in research, teaching and administrative matters, an independent teaching obligation of 2 hours/week (in German) and pursuing his/her own Ph.D. project.

The successful candidate holds a first law degree (Erste juristische Prüfung) above average and has a particular interest in private law and the willingness to work in the research areas of the chair. A very good command of German and, in addition, English or French is required. Knowledge of another language or a stay abroad will be an asset.

Candidates with disabilities will be given preference in case of equal qualification. Applications by qualified women are particularly welcome.

If you are interested, please send your application (cover letter in German, CV, all relevant documents including transcripts and copy of law degree) by 31 July 2019 to

Professor Dr. Jens Kleinschmidt
Universität Trier
FB V – Rechtswissenschaft
54286 Trier
Germany

As the application documents will not be returned, applicants are kindly requested to submit only unauthenticated copies.

The full job advert in German is available here.

Agenda of the 11th International Forum on the electronic Apostille Program (e-APP) is now available

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The agenda of the 11th International Forum on the electronic Apostille Program (e-APP) (to be held from 16 to 18 October 2019 in Fortaleza, Brazil) has been released, click here. For more information, see my previous post here.

The HCCH news item is available here.

Call for participants: Second Meeting of the Young EU Private International Law Research Network

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This spring, the first meeting of the newly established Young EU Private International Law Research Network  was held at the University of Würzburg (please find more information about this event here). The first research project and meeting in Würzburg dealt with the “Recognition/Acceptance of Legal Situations” in the EU.

The cooperation involving the young generation of private international lawyers is intended to be continued with annual conferences. The next meeting of the network will take place at ELTE Eötvös Loránd University,Budapest on  20 March 2020. The conference will focus on overriding mandatory provisionswith particular regard to national legislation and court practice outside the scope of application of the EU private international law regulations. The provisions of the EU private international law regulations, and in particular the Rome I and II Regulations, on overriding mandatory provisions and the related case law received considerable attention among commentators. However, less attention has been devoted to the treatment of overriding mandatory provisions in the law of the Member States outside the scope of application of the EU private international law regulations. The areas concerned may include property law, family law, company law, etc. A comprehensive comparative study is missing in this field. In order to map the similarities and differences of the approaches of the private international law of the Member States, national reports will be prepared. Based on these national reports, a general report will be produced.

The conference will consist of a morning session where overriding mandatory rules will be discussed in a general way (e.g., the appearance of overriding mandatory provisions in property law, family law, arbitration, their interconnection with human rights, etc.) and an afternoon workshop where participants will discuss the outcome of the national reports and the conclusions of the general report.

If you are interested in the research project or the activity of the Young EU Private International Law Research Network, please do not hesitate to contact us (youngeupil@gmail.com).