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According to the French Cour de Cassation, the law applicable to the sub-purchaser’s direct action against the original seller depends on who brings the claim!
Written by Héloise Meur, Université Paris 8
In two rulings dated 28 May 2025, the French Cour de cassation (Supreme Court) ruled on the issue of the law applicable to a sub-purchaser’s direct action in a chain of contracts transferring ownership, under European private international law. The issue is sensitive. The contractual classification under French law —an outlier in comparative law— had not been upheld by the Court of Justice of the European Union (CJEU) to determine international jurisdiction under the Brussels system (CJEU, 17 June 1992, C-26/91, Jakob Handte). Despite CJEU’s position, the Cour de cassation had consistently refused to adopt a tort-based qualification to determine the applicable law (esp. Civ. 1st, 18 dec. 1990, n° 89-12.177 ; 10 oct. 1995, n° 93-17.359 ; 6 feb. 1996, n° 94-11.143 ; Civ. 3rd, 16 janv. 2019, n° 11-13.509. See also, Civ. 1st, 16 jan. 2019, n° 17-21.477), until these two rulings rendered under the Rome II Regulation.
“Towards an EU Law on International Commercial Arbitration?” A Sorbonne Law School Research Project
Written by Dr. Nima Nasrollahi-Shahri (Sorbonne Law School) and Vincent Bassani-Winckler (PhD Candidate, Sorbonne Law School), both authors participated in the Working Group.
A few days ago, the Sorbonne Law School released the final report of a collective research project chaired by Professors Mathias Audit and Sylvain Bollée, entitled “Towards an EU Law on International Commercial Arbitration?”.
Conducted within the IRJS (Institut de Recherche Juridique de la Sorbonne), and more specifically its research group on private international law, SERPI (Sorbonne – Étude des Relations Privées Internationales), this project sets out to examine whether and how to improve the relationship between commercial arbitration and EU law.
Civil Personal Status Law in the UAE and the Paradox of the Application of Foreign Law: A Legal Trap?
I. Introduction (*)
(*) For the sake of simplicity, reference will be made only to Federal Decree-Law No. 41/2022 of 2 October 2022 on Civil Personal Status. The Emirate of Abu Dhabi has enacted a separate law that addresses similar matters at the local level. For a comparison of the various applicable legal frameworks in family law in the UAE, see Béligh Elbalti, “The Personal Status Regimes in the UAE — What’s New and What Are the Implications for Private International Law? A Brief Critical Appraisal”.
There is no doubt that the introduction of the Civil Personal Status Law (CPSL) in the United Arab Emirates marks a significant turning point in the region’s legal landscape, particularly in areas traditionally governed by religious norms. The CPSL refers to the special law adopted at the federal level, which allows family law disputes involving non-Muslims (both foreigners and UAE citizens) to be resolved under a legal framework, that is intended to be modern, flexible, based on “rules of justice and fairness” and “the best international practices from comparative legal systems” (cf. article 19 of the Cabinet Resolution Concerning the Executive Regulation of Federal Decree-Law on the Civil Personal Status). However, the incorporation of the CPSL into the existing legal frameworks in the UAE has raised several issues. These include, among others, the articulation of the CPSL with the other applicable legal frameworks, and more importantly, the extent to which parties may opt out of this “modern” regime in favor of applying their own national laws (for a general overview, see Elbalti, op. cit.). Read more
News
New Book Alert: Recognition and Enforcement of Non-EU Judgments
An upcoming milestone in private international law — Recognition and Enforcement of Non-EU Judgments (Bloomsbury / Hart Publishing, Feb. 19 2026), edited by Tobias Lutzi, Ennio Piovesani, and Dora Zgrabljic Rotar.
This is not just another doctrinal text, but the first comprehensive comparative deep dive into how EU Member States handle judgments from outside the EU, an area of law that has been notoriously fragmented and under-theorized.
The book contains country reports from 21 EU Member States on their national rules on recognition and enforcement of non-EU judgments in a unified framework, giving the reader both breadth and comparative depth. The editors pull these strands together in a detailed comparative report that highlights patterns of convergence and divergence across EU jurisdictions. Additionally, the book situates the Member State approaches in relation to the Brussels I regime and the 2019 HCCH Judgments Convention, which is itself reshaping global judicial cooperation. It had practical and scholarly appeal
The release date is 19 February 2026 and it is available for pre-order already at here.
Hybrid Lecture: Venezuela’s Oil, Between a Rock and a Hard (Arbitration) Place (UCL, 26 Feb 2026, 1pm)
EAPIL Conference in Geneva from 18-20 June 2026: Registration open!
From 18 to 20 June 2026 the European Association of Private International Law (EAPIL) will host its third biannual conference. Following the Association’s conferences in Aarhus (Denmark) and Wroclaw (Poland) the conference promises to be a key event for scholars and practitioners interested in the present and future of European private international law.
Programme and Audience
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. Special emphasis will be placed on 1) the consolidation of European private international law in a single instrument (EuPIL Act), 2) the unification of international property law (including the protection of cultural objects), and 3) the relationship of European Private International Law with third States.
All topics will be addressed from an analytical and a forward-looking perspective, combining doctrinal reflection with policy-oriented debate. Contributions will come from an internationally diverse group of speakers, reflecting EAPIL’s commitment to comparative and transnational perspectives.
The conference is open to academics, judges, practitioners, policymakers, and early-career researchers with an interest in (European) private international law.
Venue and Organisation
Hosted by the Faculty of Law of the University of Geneva, the conference will take place exclusively in person in Geneva. The choice of venue underscores the international outlook of the event and provides an ideal setting for scholarly exchange and networking.
Registration
Registration is available here. An early-bird rate applies until 15 March 2026, with standard registration available until 17 May 2026. Participation fees vary depending on registration date and include the option to attend the conference dinner. Further details on fees and registration can be found on the conference website.
Why Attend?
The EAPIL Conference 2026 offers a unique opportunity to:
- engage with cutting-edge research in private international law,
- discuss current reform projects and unresolved doctrinal questions,
- connect with leading scholars and practitioners from across jurisdictions, and
- contribute to shaping the future development of the field.
Further Information
More information on the programme, registration, and practical details is available on the conference website.
About EAPIL
The European Association of Private International Law was founded in 2019 to promote the study and development of Private International Law. It has today more than 600 members from more than 70 countries. For more information visit the EAPIL website and follow the EAPIL blog.