BLOCK I- Introduction 2
WEEK1: Introduction to Private International Law & Procedural Law 2
BLOCK 2- Jurisdiction 10
WEEK2: International Jurisdiction: Introduction, Exclusive Jurisdiction & Choice of Court 10
Brussels I-bis Regulation 11
Hague Choice of Court Convention 17
WEEK3: Special Consumer Rules and General Rules of Jurisdiction 25
Weaker party protection: arts. 10-23 Brussels I-bis (protective jurisdiction rules) 25
WEEK 4: Tutorial I 38
BLOCK 3- Ancillary Aspects of International Procedural Law (service of documents;
taking of evidence) 38
WEEK 5: Other aspects of International Procedural Law: introduction to service of
documents and taking of evidence 38
Service of Documents 38
Hague Service Convention 1965 39
EU Service Regulation 40
Taking of Evidence 44
Hague Evidence Convention 1970 45
EU Evidence Regulation 46
BLOCK 4- Recognition & enforcement 60
WEEK 6: Recognition & Enforcement of Foreign Judgments 60
Brussels I-bis Regime 62
Hague Choice of Court Convention 2005 (B2B) 65
WEEK 7: Tutorial II 78
BLOCK 5- Applicable law 78
WEEK 8: Applicable Law (choice of court) in International Contracts 78
Rome I Regulation 79
United National Conventions on Contracts for the International Sale of Goods (CISG or
Vienna Convention) 82
Scope of CISG 83
WEEK 9: Applicable Law to International Contracts 91
Rome I Regulation 91
WEEK 10: Tutorial III 100
WEEK 11: Applicable law to International Torts 100
Applicable sources in Tort cases 101
Rome II Regulation 101
Art. 4 If parties do not agree on law to be applied 108
WEEK 12: Tutorial IV 112
WEEK 13: Last lecture 112
,BLOCK I- Introduction
WEEK1: Introduction to Private International Law & Procedural
Law
Lecture notes
Introduction to Procedural Law
● Procedural law: “Focuses on technical aspects that are designed to define, assign
and enforce rights in the domestic courtroom” - Zekoll 2019
○ In some countries the private international law is very bad
○ Sometimes the choice of law is based on the transaction
● Different elements of procedural law:
○ Pre-trial
○ Service of documents
○ Divisions & competence of courts
○ Timeframe
○ Rules of appeal
○ Role of the parties
○ Evidence (how can the documents be exchanged, what type of evidence, etc.)
● Outline:
○ Even if there are different approaches to procedural law (inquisitorial or
adversarial), there are some common shared values principles
■ Shares values: public trials, the independence and impartiality of courts,
the procedural equality of the parties, the right to be heard
○ Courts always apply their own national procedural law –> matter of sovereignty
○ Guarantee to protect & enforce substantive rights
○ Harmonization of some of the procedural rules in cross-border disputes in Europe
–> article 81 of TFEU
What does Private International Law mean?
● In common law countries known as conflict of laws
● Regulated private law relations or disputes with an international element
○ Private element: family, civil & commercial law cases (natural, legal persons or
state authority acting as a private person)
● International element:
○ parties domiciled/habitually resident in different countries
○ Relevant legal act in another country (marriage, divorce, tort, contract
performance)
○ Service of documents, taking of evidence, enforcement of judgment in another
country
● Example of public and private international law
○ Public international law: public authorities taking action when people from the NL
destroy historical fountain in Italy
, ○ Private international law: private business owners claim about damaged shop
from the same situation
Main questions that PIL deals with
● Jurisdiction/ competence of the court
● Applicable law/ choice of law
● Recognition and enforcement
● Additional questions:
○ service of documents, taking of evidence, european uniform procedures
(European Enforcement Order, European Order for Payment, European Small
Claims Procedure, European Account Preservation Order), legal aid,
administrative cooperation
Terminology
● Jurisdiction: forum
○ Forum delicti: for tort
○ Forum rei sitae: for property
○ Choice of court clause
● Applicable law: lex
○ Lex loci delicti
○ Lex rei sitae
○ Choice of the law clause
Sources of PIL
● EU Instruments (mostly regulations)
● International instruments (mostly conventions)
○ Hague Conference of Private International Law
○ Regional: Mercosur, OAS
○ Bilateral
● National sources
○ Statutes (example, Book 10 Dutch Civil Code)
○ Unwritten law
○ Principles and custom (example, restatement)
Sources: Scope of Instruments
● material/ substantive scope: scope in subject
○ When we deal with jurisdiction, we need to see convention on jurisdiction
● formal/ geographical scope: scope in space
○ Check whether the convention in applicable in terms of time, if have signed,
whether have ratified and since when
● Temporal scope: scope in time
What if multiple instruments apply?
● If multiple international instruments are applicable, then a problem of concurrence occurs
, ○ International vs. national
■ National rules: for example art. 93/94 of the Dutch Constitution
○ Convention vs. EU Regulation
■ In instrument itself
○ Convention vs. Convention
■ Vienna Convention of Convention 1969
Readings
Bogdan & Sender, Concise Introduction to EU Private International Law.
Chapter 1: Introduction
The subject
● The field of private international law deals with private-law relationship and civil
proceedings having international implications
○ Not unusual that marriage is entered into by parties for two different residents/
citizens of different countries
● Conflict of laws are the legal provisions determining the national legal system to be
applied in the conflict
○ Conflict rules do not deal with the substance of the dispute but rather with the
question of application of national legal system
● Each country has its own PIL which may vary from country to country, even
among the EU Member States.
○ This does not apply to those parts of PIL that have been subjected to unification
or harmonization by international conventions or by EU law.
● International cooperation is of great importance to private international law as the
international nature requires cooperation
● The Hague Conference on Private International Law: a intergovernmental organization
with convention dealing with variety of issues related to public international law
○ 85 members, Including all EU MS, EU a member too
EU Involvement
● PIL involvement in the European integration process is relatively new
● There are some unified MS norms in questions of private law but they are rather
limitations and do no prohibit the MS to go further
○ Example, regarding consumer protection
● The harmonization of the rules of PIL improves the chances that the outcome of a legal
dispute will be the same regardless of where in the EU the judicial proceeding takes
place
● There are some TFEU rules directly affecting PIL of the MS, mainly treaty provisions
regarding the 4 freedoms
The Sources
● Primary source in this field like other parts of the EU law are the TEU and TFEU
WEEK1: Introduction to Private International Law & Procedural Law 2
BLOCK 2- Jurisdiction 10
WEEK2: International Jurisdiction: Introduction, Exclusive Jurisdiction & Choice of Court 10
Brussels I-bis Regulation 11
Hague Choice of Court Convention 17
WEEK3: Special Consumer Rules and General Rules of Jurisdiction 25
Weaker party protection: arts. 10-23 Brussels I-bis (protective jurisdiction rules) 25
WEEK 4: Tutorial I 38
BLOCK 3- Ancillary Aspects of International Procedural Law (service of documents;
taking of evidence) 38
WEEK 5: Other aspects of International Procedural Law: introduction to service of
documents and taking of evidence 38
Service of Documents 38
Hague Service Convention 1965 39
EU Service Regulation 40
Taking of Evidence 44
Hague Evidence Convention 1970 45
EU Evidence Regulation 46
BLOCK 4- Recognition & enforcement 60
WEEK 6: Recognition & Enforcement of Foreign Judgments 60
Brussels I-bis Regime 62
Hague Choice of Court Convention 2005 (B2B) 65
WEEK 7: Tutorial II 78
BLOCK 5- Applicable law 78
WEEK 8: Applicable Law (choice of court) in International Contracts 78
Rome I Regulation 79
United National Conventions on Contracts for the International Sale of Goods (CISG or
Vienna Convention) 82
Scope of CISG 83
WEEK 9: Applicable Law to International Contracts 91
Rome I Regulation 91
WEEK 10: Tutorial III 100
WEEK 11: Applicable law to International Torts 100
Applicable sources in Tort cases 101
Rome II Regulation 101
Art. 4 If parties do not agree on law to be applied 108
WEEK 12: Tutorial IV 112
WEEK 13: Last lecture 112
,BLOCK I- Introduction
WEEK1: Introduction to Private International Law & Procedural
Law
Lecture notes
Introduction to Procedural Law
● Procedural law: “Focuses on technical aspects that are designed to define, assign
and enforce rights in the domestic courtroom” - Zekoll 2019
○ In some countries the private international law is very bad
○ Sometimes the choice of law is based on the transaction
● Different elements of procedural law:
○ Pre-trial
○ Service of documents
○ Divisions & competence of courts
○ Timeframe
○ Rules of appeal
○ Role of the parties
○ Evidence (how can the documents be exchanged, what type of evidence, etc.)
● Outline:
○ Even if there are different approaches to procedural law (inquisitorial or
adversarial), there are some common shared values principles
■ Shares values: public trials, the independence and impartiality of courts,
the procedural equality of the parties, the right to be heard
○ Courts always apply their own national procedural law –> matter of sovereignty
○ Guarantee to protect & enforce substantive rights
○ Harmonization of some of the procedural rules in cross-border disputes in Europe
–> article 81 of TFEU
What does Private International Law mean?
● In common law countries known as conflict of laws
● Regulated private law relations or disputes with an international element
○ Private element: family, civil & commercial law cases (natural, legal persons or
state authority acting as a private person)
● International element:
○ parties domiciled/habitually resident in different countries
○ Relevant legal act in another country (marriage, divorce, tort, contract
performance)
○ Service of documents, taking of evidence, enforcement of judgment in another
country
● Example of public and private international law
○ Public international law: public authorities taking action when people from the NL
destroy historical fountain in Italy
, ○ Private international law: private business owners claim about damaged shop
from the same situation
Main questions that PIL deals with
● Jurisdiction/ competence of the court
● Applicable law/ choice of law
● Recognition and enforcement
● Additional questions:
○ service of documents, taking of evidence, european uniform procedures
(European Enforcement Order, European Order for Payment, European Small
Claims Procedure, European Account Preservation Order), legal aid,
administrative cooperation
Terminology
● Jurisdiction: forum
○ Forum delicti: for tort
○ Forum rei sitae: for property
○ Choice of court clause
● Applicable law: lex
○ Lex loci delicti
○ Lex rei sitae
○ Choice of the law clause
Sources of PIL
● EU Instruments (mostly regulations)
● International instruments (mostly conventions)
○ Hague Conference of Private International Law
○ Regional: Mercosur, OAS
○ Bilateral
● National sources
○ Statutes (example, Book 10 Dutch Civil Code)
○ Unwritten law
○ Principles and custom (example, restatement)
Sources: Scope of Instruments
● material/ substantive scope: scope in subject
○ When we deal with jurisdiction, we need to see convention on jurisdiction
● formal/ geographical scope: scope in space
○ Check whether the convention in applicable in terms of time, if have signed,
whether have ratified and since when
● Temporal scope: scope in time
What if multiple instruments apply?
● If multiple international instruments are applicable, then a problem of concurrence occurs
, ○ International vs. national
■ National rules: for example art. 93/94 of the Dutch Constitution
○ Convention vs. EU Regulation
■ In instrument itself
○ Convention vs. Convention
■ Vienna Convention of Convention 1969
Readings
Bogdan & Sender, Concise Introduction to EU Private International Law.
Chapter 1: Introduction
The subject
● The field of private international law deals with private-law relationship and civil
proceedings having international implications
○ Not unusual that marriage is entered into by parties for two different residents/
citizens of different countries
● Conflict of laws are the legal provisions determining the national legal system to be
applied in the conflict
○ Conflict rules do not deal with the substance of the dispute but rather with the
question of application of national legal system
● Each country has its own PIL which may vary from country to country, even
among the EU Member States.
○ This does not apply to those parts of PIL that have been subjected to unification
or harmonization by international conventions or by EU law.
● International cooperation is of great importance to private international law as the
international nature requires cooperation
● The Hague Conference on Private International Law: a intergovernmental organization
with convention dealing with variety of issues related to public international law
○ 85 members, Including all EU MS, EU a member too
EU Involvement
● PIL involvement in the European integration process is relatively new
● There are some unified MS norms in questions of private law but they are rather
limitations and do no prohibit the MS to go further
○ Example, regarding consumer protection
● The harmonization of the rules of PIL improves the chances that the outcome of a legal
dispute will be the same regardless of where in the EU the judicial proceeding takes
place
● There are some TFEU rules directly affecting PIL of the MS, mainly treaty provisions
regarding the 4 freedoms
The Sources
● Primary source in this field like other parts of the EU law are the TEU and TFEU
