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The enforcement of an advance on costs for substitute performance at the expense of a Russian debtor in German-French legal relations
This note has been co-authored with Dr. Samuel Vuattoux-Bock, LL.M. (Kiel). It is based on a legal expert opinion for White and Case LLP, Frankfurt. A more comprehensive version – in German – is forthcoming in the Zeitschrift für Internationales Wirtschaftsrecht (IWRZ).
I. Introduction
International enforcement regarding the performance of actions that may be taken by others pursuant to Section 887 of the German Code of Civil Procedure (ZPO) raises complex questions within the Brussels Ibis Regulation. These issues concern the correct classification of such enforcement measures, the legal status of a third-party debtor in the context of the enforcement of monetary claims, and potential grounds for refusing enforcement that may arise with respect to international jurisdiction and any defects in service of process. Currently, French courts are seized of the question as to whether a German judgment—in which the German creditor of a Russian debtor was awarded an advance on costs pursuant to Section 887(2) ZPO—can be fully enforced in France by means of a garnishment order directed against a French third-party debtor.
“Yes, in principle, but not quite there yet…” – Some Observations on the Public Consultation on the HCCH Draft Text of a Future Convention on Parallel Proceedings and Related Actions
This post was written by Matthias Weller and Achim Czubaiko-Güntgen, both at the University of Bonn, Germany. Matthias is a Director of the Institute for German and International Civil Procedural Law. Achim is a PhD Student there who works on the HCCH Conventions on judicial cooperation in civil and commercial matters.
Recently, the Hague Conference on Private International Law (HCCH) published the responses to the public consultation issued in November 2025 (all available on hcch.net here). Whilst each of the 72 reports is valuable in its own right, when viewed collectively they also provide an insight in the general perception of the HCCH’s Jurisdiction Project, as it is currently standing. We would like to take this opportunity to highlight certain aspects that are widely agreed upon, as well as others that still remain subject to further debate.
News
【Out Now】Silberman’s Hague Academy General Course: The Counter-Revolution in U.S. Private International Law: From Standards to Rules?
For anyone who begins studying private international law – particularly from a civil law perspective – one of the first concepts encountered, after Savigny’s ‘Copernican Revolution’, is the American ‘Choice-of-Law Revolution’. Since the late 1950s, American courts and scholars have progressively abandoned the rigid territorial methodology embodied in the First Restatement of Conflict of Laws in favour of more flexible approaches based on standards and policy-oriented analyses. The pioneering contributions of Brainerd Currie, David Cavers, Robert Leflar, and William Baxter, among others, fundamentally reshaped American conflicts law and made the United States a laboratory of modern choice-of-law theory.
New Publication: Second Edition of the Elgar’s Research Handbook on EU PIL
While much of Europe slows down for August, there is still some fresh academic news to share: the publication of the second edition of the *Research Handbook on EU Private International Law*, edited by Youseph Farah, of the University of East Anglia and Elisabetta Bergamini, of the University of Udine, and published by Edward Elgar Publishing as part of the *Research Handbooks in European Law* series.
Thoroughly revised and updated, the new edition brings together civil-law and common-law perspectives to examine some of the most important questions and continuing challenges in EU private international law. Alongside the traditional fields of jurisdiction, contractual and non-contractual obligations, the Handbook addresses significant developments in family law, parental responsibility and cross-border succession.
CfP: 3rd International Seminar “The Challenges of Private International Law in Contemporary Society” – Belo Horizonte, Brazil, 4-6 November 2026
Call for Papers: 3rd International Seminar “The Challenges of Private International Law in Contemporary Society” – Belo Horizonte, Brazil, 4-6 November 2026
This Call for Papers has been kindly shared with us by Inez Lopes / University of Brasilia (UnB) and Fabricio B. Pasquot Polido / University of Minas Gerais (UFMG)
Following the previous editions hosted by the University of Brasilia in 2019 and 2024, the Third Seminar “The Challenges of Private International Law in Contemporary Society”, will be held from 4 to 6 November 2026 at the Faculty of Law of the Federal University of Minas Gerais, Brasil. The theme of the 2026 edition is:
“Jurisdiction and Transnational Access to Justice between New Technologies and ‘The Human Side of Artificial Intelligence’” Read more