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CJEU in Albausy on (in)admissibility of questions for a preliminary ruling under Succession Regulation
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.
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
Conference report ‘European Account Preservation Order: Practical Challenges and Prospects for Reform’ (University of Luxembourg, 3 December 2024)
This report was written by Carlos Santaló Goris, postdoctoral researcher at the University of Luxembourg
Recent developments on the application of the EAPO Regulation
On 3 December 2024, the conference ‘European Account Preservation Order: Practical Challenges and Prospects for Reform’ took place at the University of Luxembourg, organized by Prof. Gilles Cuniberti (University of Luxembourg). The conference also served as an occasion to present the book ‘European Account Preservation Order – A Multi-jurisdictional Guide with Commentary’, published by Bruylant/Larcier. The book was co-edited by Dr. Nicolas Kyriakides (University of Nicosia), Dr. Heikki A. Huhtamäki (Huhtamäki Brothers Attorneys Ltd), and Dr. Nicholas Mouttotos (University of Bremen), and offers a comprehensive overview on the application of the European Account Preservation Order (‘EAPO’) at the national level. It contains a report for each Member State where the EAPO Regulation applies, addressing specific aspects of the EAPO procedure that depend on domestic law.
The conference was structured into two panel discussions. The first panel focused on the specific issues regarding the application of the EAPO Regulation identified by practitioners with first-hand experience with this instrument. The second panel discussion explored the potential reform of the EAPO Regulation and which specific changes should be implemented to improve its application. This report aims to offer an overview of the main highlights and outputs of the presentations and discussions of the conference. Read more
News
Four Tenure-Track Assistant Professorships at IE Law School in Madrid
IE Law School in Madrid, Spain, is again advertising four tenure-track assistant professorships, preferably in private law, commercial & corporate law, and IP law among others. Scholars of private international law are also invited to apply.
The deadline is 31 October 2025.
More information can be found here.
Lecture: Cross-Border Disputes and Conflict of Laws in India – The Case for Asian-Inspired Reform
As part of the International Law Association (British Branch) Lecture Series, a special lecture on Cross-Border Disputes and Conflict of Laws in India: The Case for Asian-Inspired Reform will be delivered by Prof. (Dr) Saloni Khanderia, Professor at Jindal Global Law School (India) and Professor at the Center for Transnational Legal Studies (London), on Wednesday, 15 October 2025, at 6:00 PM (London BST ??) | 10:30 PM (India IST ??). The event takes place at the UCL Faculty of Laws and will also be available online. The session will be chaired by Professor Alex Mills (UCL Laws).
India’s transformation since its 1991 economic liberalisation has positioned it as a key player in global commerce. Indian judges have contributed significantly to international law, both domestically and in global forums such as the International Court of Justice and commercial courts abroad. Yet, despite judicial progress, structural gaps in India’s private international law persist.
This lecture examines how India can strengthen its framework for cross-border dispute resolution, drawing lessons from leading Asian jurisdictions—Singapore, China, Japan, and South Korea—to ensure coherence, predictability, and competitiveness in transnational litigation.
Who should attend:
Practitioners, scholars, students, policymakers, and anyone interested in India’s evolving role in global dispute resolution.
For more details about the lecture and the registration process, visit https://www.ucl.ac.uk/laws/events/2025/oct/cross-border-disputes-and-conflict-laws-india-case-asian-inspired-reform
Virtual Workshop (in English) on October 8, 2025: Nadia de Araujo on “Highlights on the project for a Brazilian Law on Private International Law”
On Wednesday, October 8, 2025, 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). Professor Nadia de Araujo (Pontifícia Catholic University of Rio de Janeiro) will speak, in English, about the topic
“Highlights on the project for a Brazilian Law on Private International Law”
After more than eighty years Brazil finally has a project for a new Law on Private International Law. The current 1942 law devotes only seven articles to the whole subject. In light of the developments in PIL, the complexities of modern life and the adoption of a series of Hague Conventions and Inter-American Conventions, the project addresses PIL in its entirety. The new law introduces several significant changes: it expressly allows for party autonomy in international contracts, a concept that was not clearly defined in previous legislation, while safeguarding consumer and labour contracts. Additionally, it introduces new rules for proof of foreign law and a more comprehensive set of family law. It also retains domicile as the main rule for capacity and other family rights.
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.