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CJEU, Case C-540/24, Cabris Investment: Jurisdiction Clause in Favour of EU Court is Subject to Art. 25 Brussels Ia even if both Parties are Domiciled in the Same Third State
By Salih Okur, University of Augsburg
On 9 October 2025, the CJEU, in Case C-540/24 (Cabris Investment), had to decide whether Art. 25 Brussels Ia applies to “an agreement conferring jurisdiction in which the contracting parties, who are domiciled in the United Kingdom and therefore (now) in a third State, agree that the courts of a Member State of the European Union are to have jurisdiction over disputes arising under that contract, falls within the scope of that provision, even if the underlying contract has no further connection with that Member State chosen as the place of jurisdiction.“
Unsurprisingly, the Court held that it does.
Pre-print article on SSRN on “Mirin” and the Future of Cross-Border Gender Recognition
I recently published the pre-print version of an article on SSRN that was accepted by the International Journal of Law, Policy and the Family. The article is called ““Mirin” and Beyond: Gender Identity and Private International Law in the EU“. The article is part of a special issue dealing with questions of gender identity that (probably) will come out at the beginning of 2026.
As it deals with matters of private international law (regarding gender identity) and the CJEU decision “Mirin”, I thought it might be interesting for the readers of this blog to get a short summary of the article. If it sparks your interest, of course, I would be glad if you consider reading the whole text – and to receive feedback and further thoughts on this topic. 🙂
Draft General Law on Private International Law aims to bring Brazil from the 19th into the 21st century
Guest post by Gustavo Ferraz de Campos Monaco, Full Professor of Private Internacional Law – University of São Paulo
In Brazilian law, the regulation of conflicts of laws is still based on a legislation from 1942, during a dictatorial regime, which explains its inspiration from the Italian fascist regime. The values prevailing in Brazilian society back then were quite different from those we hold today, especially in matters concerning family relationships. At that time, the family unit was viewed as having a single domicile, and questions related to the definition of parenthood were unthinkable outside traditional presumptions.
On at least two occasions over the past 83 years, attempts to draft new regulations were undertaken by leading figures in the field – Haroldo Valladão, Jacob Dolinger, and João Grandino Rodas – but both initiatives failed during the process, without the Plenary of the Legislative Houses having expressed an opinion on the merits of the projects. Read more
News
Virtual Workshop (in English) on April 7, 2026: Chukwuma Okoli on “Choice of Law for Employment Contracts in Africa: Rethinking the EU Methodology in an African Context”
On Tuesday, April 7, 2026, the Hamburg Max Planck Institute will host its monthly virtual workshop Current Research in Private International Law at 11:00 a.m. – 12:30 p.m. (CEST). Chukwuma Okoli (University of Birmingham) will speak, in English, about the topic
“Choice of Law for Employment Contracts in Africa: Rethinking the EU Methodology in an African Context”
This presentation examines how African courts have approached choice of law in cross-border employment contracts, often drawing—explicitly or implicitly—on the dominant EU methodology reflected in the Rome I framework. It argues that while the EU model has influenced doctrinal development, its underlying assumptions do not always align with African values and labour realities. Drawing on primary sources from across African jurisdictions, including case law and legislation, the paper proposes a modified methodology that better reflects worker protection, and normative commitments embedded in African legal systems.
The presentation will be followed by open discussion. All are welcome. More information and sign-up here.
If you want to be invited to these events in the future, please write to veranstaltungen@mpipriv.de.
Private International Law Festival 2026: The End of the Rule-Based International Order? – Implications for Private International Law
Edinburg Law School and Max Planck Institute for Comparative and International Private Law organize a Private International Law Festival, to take place in Edinburgh 24-25 September 2026. Save the date!
And submit a proposal of up to 500 words, together with a short bio/s in the same word document, to law.events@ed.ac.uk by 10 April 2026 with the email subject clearly marked “Proposal PIL Festival_ Surname/s”. Selected speakers will be informed in May 2026.
More information about the event and the call for papers below.
EAPIL Conference in Geneva (18-20 June 2026): Early bird registration ends on 15 March!
As report earlier on this blog, the third bi-annual conference of the European Association of Private International Law (EAPIL) will take place in Geneva, Switzerland, from 18 to 20 June 2026. Under the title “Shaping the Future of Private International Law in Europe – Putting Together the Pieces & Filling Gaps”, the conference will address structural developments, unresolved issues, and emerging challenges in European private international law. The program is available on the conference’s website.
Early bird registration will close on 15 March 2026. You are welcome to register using this link.
EAPIL is looking forward to seeing you in Geneva!