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German Federal Court of Justice: Article 26 Brussels Ia Regulation Applies to Non-EU Defendants
By Moses Wiepen, Legal Trainee at the Higher Regional Court of Hamm, Germany
In its decision of 21 July 2023 (V ZR 112/22), the German Federal Court of Justice confirmed that Art. 26 Brussels Ia Regulation applies regardless of the defendant’s domicile. The case in question involved an art collector filing suit against a Canadian trust that manages the estate of a Jew who was persecuted by the German Nazi regime. The defendant published a wanted notice in an online Lost Art database for a painting that the plaintiff bought in 1999. The plaintiff considers this as a violation of his property right.
This week begins the Special Commission on the 1980 Child Abduction Convention and the 1996 Child Protection Convention
Written by Mayela Celis
The eighth meeting of the Special Commission on the Practical Operation of the 1980 Child Abduction Convention and the 1996 Child Protection Convention will be held from 10 to 17 October 2023 in The Hague, the Netherlands. For more information, click here.
One of the key documents prepared for the meeting is the Global Report – Statistical study of applications made in 2021 under the 1980 Child Abduction Convention, where crucial information has been gathered about the application of this Convention during the year 2021. However, these figures were perhaps affected by the Covid-19 pandemic as indicated in the Addendum of the document (see paragraphs 157-167, pp. 33-34). Because it refers to a time period in the midst of lockdowns and travel restrictions, it is not unrealistic to say that the figures of the year 2021 should be taken with a grain of salt. For example, the overall return rate was the lowest ever recorded at 39% (it was 45% in 2015). The percentage of the combined sole and multiple reasons for judicial refusals in 2021 was 46% as regards the grave risk exception (it was 25% in 2015). The overall average time taken to reach a final outcome from the receipt of the application by the Central Authority in 2021 was 207 days (it was 164 days in 2015). While statistics are always useful to understand a social phenomenon, one may only wonder why a statistical study was conducted with regard to applications during such an unusual year – apart from the fact that a Special Commission meeting is taking place and needs recent statistics -, as it will unlikely reflect realistic trends (but it can certainly satisfy a curious mind).
Judicial Application of the 1980 HCCH Convention in Morocco
The question of the accession (or reluctance to accede) of Muslim countries to the 1980 HCCH Convention has attracted the interest of scholars from Muslim countries and abroad. Scholars who have addressed this issue have come to different (sometimes contradictory) conclusions, especially when it comes to the influence of classical Islamic rules and principles on the attitudes and policies of Muslim states. Unfortunately, it is not uncommon that the available studies on this subject do not take into account the actual judicial practice of Muslim jurisdictions and focus more on the (theoretical) compatibility (or not) of Islamic rules and principles underlying the 1980 HCCH Convention. This post briefly presents some decisions dealing with the issue of cross-border child abduction under the 1980 HCCH Convention in a Muslim state, Morocco, but without going into too much into details or assessment, as this deserves to be done properly in a dedicated article.
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Rivista di diritto internazionale privato e processuale (RDIPP) No 4/2024: Abstracts
The fourth issue of 2024 of the Rivista di diritto internazionale privato e processuale (RDIPP, published by CEDAM) was just released. It features:
Francesca C. Villata, Professor at the University of Milan, On the Track of the Law Applicable to Preliminary Questions in EU Private International Law [in English]
Silenced, if not neglected, in (most) legislation and practice, the issue of determining the law applicable to preliminary questions is a constant feature in the systematics of private international law (“p.i.l.”).
ELI Extra-Judicial Administration of Justice: 14 February in Vienna
The European Law Institute (ELI) Extra-Judicial Administration of Justice in Cross-Border Family and Succession Matters project is organising its dissemination conference in Vienna on 14 February. At this all-day event (9.00 to 18.00) experts will present their country reports, comparative findings and policy recommendations, in order to discuss these with the audience.
The project investigated the phenomenon that family and succession law matters are increasingly submitted to other authorities than courts. It seeks a to establish a harmonised concept of “courts” in the EU, taking into account the CJEU case law.
More information and the registration form are available on the ELI website.
Virtual Workshop (in English) on February 4: Pietro Franzina on “EU Private International Law at a Time of ‘Broken Multilateralism’ and Growing Geo-Political Tensions”
On Tuesday, February 4, 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. (CET). Professor Pietro Franzina (Catholic University of the Sacred Heart) will speak, in English, about the topic
“EU Private International Law at a Time of ‘Broken Multilateralism’ and Growing Geo-Political Tensions”
Multilateralism is in crisis. The role of world organisations in international politics and law-making is increasingly being questioned, as some key actors in the global arena no longer consider cooperation and collective action the best way to address common concerns. While multilateralism is not obsolete, let alone ‘dead’, as some claim, there is a growing consensus that current governance schemes need profound reconsideration. The EU, multilateralism’s staunchest defender, is especially exposed to these developments. While the evolution of multilateralism is set to affect all areas of international cooperation, each field has, arguably, its specificities. What features does cooperation in the field of private international law display in this regard? How can the crisis of multilateralism influence the way in which the EU deals with judicial cooperation, be it through its legislation, in the relations with its neighbours and at the global level? What structural changes are under way in global fora, such as the HCCH, and what is their impact on the EU’s own agenda and methods of work?
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.