Views
Persistent and Reasonable Efforts in the Field of Cross-Border Service of Documents. Continuation or Stay of Proceedings?
A. The Impetus for Presenting the Issue
In light of the publication of three judgments of the Thessaloniki First Instance Court concerning the service of documents in Contracting States to the 1965 Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters [hereinafter: HSC], the issue examined was whether proceedings may continue despite the absence of a certificate of service from the State addressed. In this context, a decisive role for the judge is played by the answer to the question whether “persistent efforts” within the meaning of the Greek version of Article 15(2)(c) HSC, or “reasonable efforts” (in the English-language formulation), were undertaken by the competent authorities of the State addressed in order to obtain a certificate. The same issue arises under the relevant EU Regulation (Article 22 Regulation 2020/1784), concerning cross-border service within the EU. Finally, the very recent amendment of the Greek Code of Civil Procedure, introducing new Article 134A GCCP, is also of particular interest.
The discussion will begin with the case law referred to above, examined in the light of the HSC (B). This will be followed by a reference to the corresponding provision of the EU Regulations (C). Next, a preliminary account will be given of the recent provision of Article 134A GCCP and its innovative features (D). This will be followed by an analysis of the terms “persistent effort” and “reasonable effort” (E-F). The study concludes with a detailed presentation of German legal scholarship (G), followed by a brief conclusion (H).
Speaking for the Dead: Idziski and the Forum for Post-Mortem Likeness Claims
by Marta Liduma, LLB candidate in International and European Law, University of Groningen
A Dutch actor dies in March. By April, his likeness starts to appear widely. Generated videos show him promoting a supplement, and one clip ends with a link to a shop selling shirts printed with his face. A single man in Germany creates all of this, in large quantities, using a dozen deceased performers.
Who can sue, and in which court?
Dutch law answers the first question readily. Article 21 of the Auteurswet allows publication to be resisted when a reasonable interest of the portrayed person, or after his death of one of his surviving relatives, opposes it. Article 25a, in the same paragraph of the Act, identifies those relatives as the parents, the spouse or registered partner and the children, each of whom may act independently of the others. Article 21 addresses whoever holds the copyright for the portrait, which poses a problem for a generated video that may have no author at all. However, Article 35 makes the publication of a portrait without entitlement an offence for anybody, and Dutch practice has long read the two provisions together. German law follows a similar design. Section 22 of the Kunsturhebergesetz (KUG) requires the consent of the family of the deceased (Angehörige) for ten years after death, and defines them as the surviving spouse or registered partner and the children, failing whom the parents.
The second question leads to the Court of Justice and its judgment on 18 June 2026 in Idziski (C-232/25). The concentrating head of Article 7(2) Brussels Ia puts two questions to a single individual. Does the content identify you, and where are your interests centred? Death creates separation between these questions, and current case law keeps them apart.
Book Review: Andrew Dickinson and Alexander Thompson, The State Immunity Act 1978 (OUP, 2025)
This review concentrates principally on the private international law dimensions of Andrew Dickinson and Alexander Thompson’s The State Immunity Act 1978. Although state immunity is fundamentally a subject of public international law, the legislation operates at the point where public and private international law intersect. It determines whether the English courts may adjudicate disputes involving foreign states, how proceedings may be served, and whether judgments or arbitral awards may be recognised and enforced against state property. These questions are of direct importance to private international lawyers, particularly in transnational commercial, employment, property and arbitration disputes.
The authors bring considerable practical expertise to the subject. As the preface indicates, their analysis is informed not only by academic study but also by professional experience of state-immunity litigation. The result is a specialist and authoritative treatment of a technically demanding statute. The chapters generally combine legislative history, an overview of the relevant statutory provisions, and a detailed examination of their judicial application.
News
Virtual Workshop (in English) on Tuesday, 3 November 2026: Brooke Marshall in our series on “Current Research in Private International Law”
On Tuesday, November 3, 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).
Brooke Marshall (University of Oxford) will speak, in English, about the topic
“Forum legis in English Law”
About the Speaker:
Brooke Marshall is an Associate Professor of the Faculty of Law, University of Oxford, and a Fellow of St Edmund Hall. Her research examines intersections both within the field of private international law and between the field and other areas of law and legal practice. Her work has a doctrinal foundation in international commercial dispute resolution and engages with normative and comparative questions raised by cross-border relationships.
About the Topic:
An initial determination by an English court as to the law that should apply to a cross-border dispute is commonplace at the jurisdictional stage, directly affecting both the assumption and exercise of jurisdiction. This project, jointly undertaken with Dr Roxana Banu, maps the substantial and increasing role played by choice of law in the jurisdictional enquiry. Focussing on the governing law gateways for service outside the jurisdiction, it provides a theoretical, historical, and doctrinal account of England’s forum legis. We explore its imperial roots, the results it produces in the case law, and whether basing the adjudicatory jurisdiction of English courts on the applicability of English law can be normatively justified in routine commercial cases.
About the Virtual Workshop Series:
The virtual workshop series “Current Research in Private International Law” is organised by Ralf Michaels and Antonia Sittig. The series features leading national and international scholars who present and discuss their work on current developments and research topics in private international law. The workshops are geared to scholars who are researching in the field of private international law, but attendance is open to all individuals having an academic interest (doctoral candidates and students are expressly invited).
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.
Vacancy: International Family Law, University of Aberdeen
The Law School of the University of Aberdeen is seeking a lecturer in International Family Law. They are offering a Teaching and Research or Teaching and Scholarship contract. The successful candidate will be contributing in undergraduate as well as specialist Honours and postgraduate teaching.
Candidates are invited to apply online by 29 October 2026.
Revue critique de droit international privé – Issue 2026/3
Written by Hadrien Pauchard (assistant researcher and doctoral student at Sciences Po Law School)
The third issue of the Revue Critique de droit international privé of 2026 was just released and is already accessible online. It contains three articles, eight case notes, as well as four book reviews. In line with the Revue Critique’s recent policy, the doctrinal part will soon be made available in English on the editor’s website (for registered users and institutions).