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CJEU in Albausy on (in)admissibility of questions for a preliminary ruling under Succession Regulation

Picture: E.S. Pannebakker, Adobe Firefly

In a recent ruling, the CJEU adds another layer to the ongoing discussion on which national authorities can submit questions for preliminary rulings under the Succession Regulation, and its nuanced interpretation of what constitutes a ‘court.’

Albausy (Case C-187/23, ECLI:EU:C:2025:34, January 25, 2025) evolves around the question of competence to submit a request for preliminary ruling under the Succession Regulation (Regulation 650/2012 on matters of succession and the creation of a European Certificate of Succession).

Although the CJEU finds that the request in that case is inadmissible, the decision is noteworthy because it confirms the system of the Succession Regulation. Within the regulation, the competence to submit questions for preliminary ruling is reserved for national courts that act as judicial bodies and are seized with a claim over which they have jurisdiction based on Succession Regulation’s rules on jurisdiction.

The opinion of Advocate General Campos Sánchez-Bordona is available here.

Read more

A Judgment is a Judgment? How (and Where) to Enforce Third-State Judgments in the EU After Brexit

In the wake of the CJEU’s controversial judgment in H Limited (Case C-568/22), which appeared to open a wide backdoor into the European Area of Justice through an English enforcement judgments (surprisingly considered a ‘judgment’ in the sense of Art. 2(a), 39 Brussels Ia by the Court), international law firms had been quick to celebrate the creation of ‘a new enforcement mechanism‘ for non-EU judgments.

As the UK had already completed its withdrawal from the European Union when the decision was rendered, the specific mechanism that the Court seemed to have sanctioned was, of course, short-lived. But crafty judgment creditors may quickly have started to look elsewhere.

In a paper that has just been published in a special issue of the Journal of Private International Law dedicated to the work of Trevor Hartley, I try to identify the jurisdictions to which they might look. Read more

News

LEX & FORUM Vol. 3/2024

EDITORIAL

In an increasingly globalized world—and especially within the framework of a unified market founded on economic freedom and the free movement and establishment of individuals and businesses—international sales have emerged as a cornerstone of the legal and economic order. They are not merely instruments for the acquisition of assets across borders; they also function as a key mechanism for fostering business growth and enhancing competitiveness through the expansion of commercial activity and client networks.
Given their fundamental role, international sales are subject to a broad and multi-layered legal framework at the international level. This complex regulatory landscape gives rise to a number of interpretative and practical challenges, particularly with regard to the interaction and prioritization of overlapping legal norms. Read more

Call for Papers: “Tariffs: Emerging challenges in global trade” by the Journal of Law, Market & Innovation (JMLI)

The Journal of Law, Market & Innovation (JLMI) welcomes submissions for its first issue of 2026.

The Call for Papers for this second issue is devoted to Tariffs: Emerging challenges in global trade.

You can find the call with all the details at this link.

Prospective articles should be submitted in the form of an abstract (around 800 words) or draft articles to submissions.jlmi@iuse.it within 10 July 2025. The publication of the issue is set for the end of March, 2026.

For further information, or for consultation on a potential submission, you can contact us by email at editors.jlmi@iuse.it.

Seminar: Child marriage: root causes and questions of recognition, 5 June

At the occasion on 5 June of the PhD Defence of Leontine Bruijnen on How can Private International Law bridge the Gap between the Recognition of Unknown Family Relations such as Kafala and Child Marriage for Family Law and Migration Law Purposes? , we are organising an expert seminar at the University of Antwerp and online:

Child marriage: root causes and questions of recognition:

11.00: Welcome and introduction by Thalia Kruger, University of Antwerp

11.10: The Role of Customs and Traditions in Addressing Child Marriages in Tanzania: A Human Rights-Based Approach, by Esther Kayamba, Mzumbe University and University of Antwerp

11.25: The link between climate change and child marriage in Tanzania, by Agripina Mbilinyi, Mzumbe University and University of Antwerp

11.40: Socio-cultural factors that Sustain Child Marriage at Quarit Wereda, Amhara Region, Ethiopia by Yitaktu Tibetu, Human Rights Lawyer, Senior Gender Adviser and councillor psychologist

12.00: Perspective from Europe by Bettina Heiderhoff, University of Münster and Trui Daem, PhD researcher Ghent University

12.20: Debate and Q&A

12.50: End

To register, please contact Thalia Kruger