European Private
International Law
Aim of the subject
• Insight into the area of European Private International Law and to its key
notions (autonomous interpretation, civil and commercial,
matters, jurisdiction, domicile, contract, delict, consumer
contract, prorogation)
• Work with Court of Justice decisions
• Presentation skills
• Work in small teams
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Colloqium
• Presentation of Court of Justice decision at the seminar (each group at
least one decision)
• Questionnaires before each seminar
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Private International Law
• Independent area of law
• Part of a legal order of a state (=> every state has its own private
international law)
• Courts of a particular state apply its own rules of Private International Law
• Regulation of private (civil, commercial, family, labour) relations with an
international (cross-border) element
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Example 1
Mr. A is a producer of wine domiciled in the Czech Republic. Mr. B domiciled in
Austria owns a wine shop which specializes in sale of Czech wine. Mr. A and
Mr. B concluded a sales contract by which Mr. A is bound to deliver wine
regularly to Mr. B.
Mr. B did not pay the purchase price for several deliveries.
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What PIL solves?
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Where Mr. A can sue Mr. B?
International jurisdiction
What law (legal rules) governs the relation between Mr. A and Mr. B?
Applicable law
If a Czech court renders a judgment in the dispute between Mr. A and Mr.
B, is it possible to enforce it in Austria?
 Recognition and enforcement of foreign judgements
• If Czech court decides on the dispute, can it somehow cooperate with
Austrian courts?
 Legal aid
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European Private International Law (1)
= Judicial Cooperation in Civil Matters or European Judicial Area
• Part of EU law
• The principle of free movement of goods, services and people has
encouraged mobility among European citizens and in commercial activities
=> increasing number of relation with an cross-border element
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European Private International Law (2)
• Why EU regulates the relations with an cross border element (questions of
Private International Law)?
• Example 1 again
Mr. A is a producer of wine domiciled in the Czech Republic. Mr. B domiciled in
Austria owns a wine shop which specializes in sale of Czech wine. Mr. A and
Mr. B concluded a sales contract by which Mr. A is bound to deliver wine
regularly to Mr. B.
Mr. B did not pay the purchase price for several deliveries.
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European Private International Law (3)
• Two sides of this situation
1) Free movement of goods
 No obstacles to movement of wine from Czech Republic to Austria (no
tarrifs, no quotas)
2) Legal regulation
 It is a regulation with an cross-border element => it is regulated by
Private International Law
 Czech Republic and Austria have their own Private International Law
which differ => the result depends on the place where the dispute will be
solved => different results x uniform EU rules
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European Private International Law (4)
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Uniform rules of international jurisdiction
Simple recognition and enforcement of foreign judgements
Unification of conflict of laws rules
Better collaboration between the authorities of Member States
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History of European PIL
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Article 220 (293) TEC
Brussels Convention
Rome Convention
Maastricht Treaty
Amsterdam Treaty
Lisbon Treaty
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Article 220 (293) TEC
• First step towards the judicial cooperation in civil matters
• EC did not have competence => international convention
• Member States agreed to enter into negotiations with each other ->
simplifications of formalities governing the reciprocal recognition and
enforcement of judgements of courts
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Brussels Convention
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Signed in 1986
Entry into force – 1971
International jurisdiction and recognition and enforcement of judgments
Protocol on the interpretation by the Court of Justice
Jurisdiction of Court of Justice to interpret the Convention if so requested
by national courts => wealth of case law – interpretations remain valid
even for Brussels I Regulation
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Rome Convention
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Established the law applicable to contractual obligations
Opened for signature in 1980
Entry into force – 1991
All Member States are bound by the Convention
Rome I Regulation
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Maastricht Treaty
• The beginning of a new stage of judicial cooperation in civil matters
• The cooperation was included among the objectives to be achieved within
the framework of the EU
• Judicial cooperation in civil matters was identified as an area of common
interest
• The cooperation was included into the third (intergovernmental) pillar
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Amsterdam Treaty
• Created the area of freedom, security and justice
• The area had two parts – civil and criminal
• The civil part was transferred to the EC Treaty – communitarisation of this
area => power of EC to issue regulations and directives
• The judicial cooperation in civil matters was regulated in new Article 65
• Article 65 presumes adoption of measures in the field of judicial
cooperation in civil matters having cross-border implications so far as
necessary for the proper functioning of the internal market
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Lisbon Treaty
• No substantion changes in this area
• Article 65 TEC -> Article 81 TFEU
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Overview of instruments (1)
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1)
2)
3)
4)
5)
International jurisdiction
Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and
enforcement of judgments in civil and commercial matters (Brussels I)
Regulation (EU) No 1215/2012 of the European Parliament and of the Council of
12 December 2012 on jurisdiction and the recognition and enforcement of
judgments in civil and commercial matters (new Brussels I)
Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning
jurisdiction and the recognition and enforcement of judgments in matrimonial
matters and the matters of parental responsibility (Brussels IIbis)
Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction,
applicable law, recognition and enforcement of decisions and cooperation in
matters relating to maintenance obligations
Regulation (EU) No 650/2012 of the European Parliament and of the Council of
4 July 2012 on jurisdiction, applicable law, recognition and enforcement of
decisions and acceptance and enforcement of authentic instruments in matters
of succession and on the creation of a European Certificate of Succession
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Overview of instruments (2)
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1)
2)
Conflict of laws rules
Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11
July 2007 on the law applicable to non-contractual obligations (Rome II)
Regulation (EC) No 593/2008 of the European Parliament and of the Council of
17 June 2008 on the law applicable to contractual obligations (Rome I)
3) Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction,
applicable law, recognition and enforcement of decisions and
cooperation in matters relating to maintenance obligations
4) Regulation (EU) No 650/2012 of the European Parliament and of the
Council of 4 July 2012 on jurisdiction, applicable law, recognition and
enforcement of decisions and acceptance and enforcement of authentic
instruments in matters of succession and on the creation of a European
Certificate of Succession
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Overview of instruments (3)
•
1)
2)
3)
4)
5)
Recognition and enforcement of judgments
Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and
enforcement of judgments in civil and commercial matters (Brussels I)
Regulation (EU) No 1215/2012 of the European Parliament and of the Council of
12 December 2012 on jurisdiction and the recognition and enforcement of
judgments in civil and commercial matters (new Brussels I)
Regulation (EC) No 805/2004 of the European Parliament and the Council
creating a European enforcement order for uncontested claims
Regulation (EC) No 1896/2006 of the European Parliament and of the Council of
12 December 2006 creating a European order for payment procedure
Regulation (EC) No 861/2007 of the European Parliament and of the Council of
11 July 2007 establishing a European Small Claims Procedure
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Overview of instruments (4)
6) Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning
jurisdiction and the recognition and enforcement of judgments in
matrimonial matters and the matters of parental responsibility (Brussels
IIbis)
7) Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction,
applicable law, recognition and enforcement of decisions and
cooperation in matters relating to maintenance obligations
8) Regulation (EU) No 650/2012 of the European Parliament and of the
Council of 4 July 2012 on jurisdiction, applicable law, recognition and
enforcement of decisions and acceptance and enforcement of authentic
instruments in matters of succession and on the creation of a European
Certificate of Succession
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Overview of instruments (5)
• Simplified and accelerated procedures
1) Regulation (EC) No 1896/2006 of the European Parliament and of the
Council of 12 December 2006 creating a European order for payment
procedure
2) Regulation (EC) No 861/2007 of the European Parliament and of the
Council of 11 July 2007 establishing a European Small Claims Procedure
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Brussels I Regulation
• The core instrument of judicial cooperation in civil matters (the oldest
one)
• International jurisdiction, recognition and enformcement
• Case law of Court of Justice (Brussels Convention)
• Notions used in Brussels I Regulation are often used in other instruments
=> importance of case law
• Focus on these notions
• New Brussels I Regulation
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Thank you for your attention
PROJECT „THEORY – SKILL – EXPERIENCE“
reg. No. CZ.1.07/2.2.00/15.0198, Operational Program Education for Competitiveness
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