Concise Introduction to EU Private International Law

Table of contents
Foreword
List of Abbreviations

CHAPTER 1 Introduction
1.1 The Subject
1.2 EU Involvement
1.3 The Sources

CHAPTER 2 The Direct Impact of the TFEU on the PIL of the Member States
2.1 Impact of EU law on Domestic PIL
2.2 The Use of Citizenship as a Connecting Factor and the Prohibition of Discrimination on Grounds of Nationality
2.3 The Freedom of Movement and the Principle of Control by the Country of Origin

CHAPTER 3 Jurisdiction, Recognition and Enforcement in Civil and Commercial Matters
3.1 The Brussels I Regulation as a Cornerstone for the Circulation of Judgments
3.2 The Scope and Other General Features of the Regulation
3.3 The Jurisdictional Rules of the Regulation
3.3.1 The Main Rule of the Defendant’s Forum Domicilii
3.3.2 Special Jurisdictional Rules
3.3.3 Weak-Party Disputes
3.3.4 Exclusive Jurisdiction
3.3.5 Prorogation of Jurisdiction (Choice-of-Court Agreements)
3.3.6 Some General Jurisdictional Issues
3.4 The Recognition and Enforcement of Foreign Judgments

CHAPTER 4 Cross-Border Dispute Resolution Procedures
4.1 European Enforcement Order for Uncontested Claims
4.2 Uniform European Procedures
4.2.1 The European Order for Payment Procedure
4.2.2 The European Small Claims Procedure
4.2.3 The European Account Preservation Order
4.3 Out-of-Court Dispute Settlement

CHAPTER 5 Non-Patrimonial Family Matters – Jurisdiction, Recognition and Enforcement
5.1 The pivotal role of Regulation Brussels II
5.2 Marriage Dissolution
5.2.1 Jurisdiction
5.2.2 Recognition
5.3 Parental Responsibility
5.3.1 Jurisdiction
5.3.2 Recognition and Enforcement
5.4 Child Abduction
5.5 Cooperation between Central Authorities

CHAPTER 6 Patrimonial Disputes in Family and Succession Matters – Jurisdiction, Recognition and Enforcement
6.1 Maintenance
6.2 Succession
6.3 Property Aspects of Marriages and Registered Partnerships
6.4 Personal Protection Measures in Civil Matters

CHAPTER 7 Patrimonial Disputes in Family and Succession Matters – Applicable Law
7.1 Introduction
7.2 Maintenance
7.3 Divorce and Legal Separation
7.4 Succession
7.5 Property Aspects of Marriages and Registered Partnerships

CHAPTER 8 Applicable Law to International Contracts
8.1 The Pivotal Role of the Rome I Regulation
8.2 Party Autonomy
8.3 Applicable Law in the Absence of Choice
8.4 Weak-Party Contracts
8.5 Overriding Mandatory Rules
8.6 The Scope of the Applicable Law

CHAPTER 9 Applicable Law to Non-Contractual Obligations
9.1 The Pivotal Role of the Rome II Regulation
9.2 Freedom of Choice and the General Conflict Rule
9.3 Conflict Rules for Specific Torts
9.4 Unjust Enrichment, Negotiorum Gestio and Culpa in Contrahendo

CHAPTER 10 PIL Relevance of Other EU Secondary Legislation
10.1 EU PIL in Substantive Instruments
10.2 Some Examples of Sectoral EU Instruments
10.2.1 Intellectual Property
10.2.2 Workers and Commercial Agents
10.2.3 Consumers
10.2.4 Digital Services
10.2.5 Companies and Corporate Governance
10.2.6 Property and other Rights in Rem
10.2.7 Sanctions

CHAPTER 11 Insolvency
11.1 The Insolvency Regulation: Scope and Other General Features
11.2 Jurisdiction
11.3 Applicable Law
11.4 Recognition and Enforcement
11.5 Secondary Proceedings
11.6 Lodgement of Claims and Information to Creditors
11.7 Group of Companies

CHAPTER 12 Service of Documents, Evidence, and Access to Justice
12.1 Service of Documents
12.2 Taking of Evidence
12.3 Legal Aid

Numerical Table of CJEU Decisions
Bibliography
Index