GLB: Conflict of Laws · Week 1 — Introduction to PIL Tilburg University · Spring 2026
GLB: Conflict of Laws — Introduction to Private International
Law
Final Exam Study Notes — Week 1
Tilburg University · Global Law Year 2 · Spring 2026 · 620308-B-6
WEEK 1 — INTRODUCTION TO PRIVATE INTERNATIONAL LAW
What procedural law is: Procedural law is the set of rules that tells you HOW to use a court. It does not
determine whether you have a right — it governs the process of exercising that right in front of a judge.
Think of it as the operating manual for litigation: it covers which court is competent, how a case is started,
how documents are exchanged, how evidence is gathered, how witnesses are heard, how a judgment
can be appealed, and how it can be ultimately enforced.
The elements of procedural law — what it regulates:
• The division of courts and their competence — which level of court hears which types of case
• The steps of civil procedure — filing a claim, service of process, written submissions, hearings,
judgment
• The rights and duties of the parties — the right to be heard, the duty to disclose evidence
• Rules on evidence — what counts as proof, who bears the burden of proof
• Appeal of judgments — how and on what grounds a party can challenge a first-instance decision
• Enforcement — how a winning party can compel compliance with the judgment
• The roles of judges, lawyers, clerks, and experts in court proceedings
• The pre-trial stage — preliminary hearings, interim measures, injunctions
• Service of documents — the formal notification of parties about proceedings and judicial acts
The cardinal rule — lex fori processus: Every national court ALWAYS applies its OWN country's
procedural law. This is called the principle of lex fori processus — the procedural law of the forum. It is
a matter of state sovereignty. A Dutch court hearing a dispute between a French company and a German
company still runs the proceedings under Dutch civil procedure (the Dutch Code of Civil Procedure,
Wetboek van Burgerlijke Rechtsvordering, Rv). The fact that foreign substantive law may apply to the
merits changes nothing about how the Dutch court conducts the hearing.
Two main traditions:
• Inquisitorial systems (civil law countries — Netherlands, France, Germany, Italy): the judge
plays an active role, asks questions, investigates the facts, and steers the case. The judge is not
a passive referee.
• Adversarial systems (common law countries — England & Wales, USA, Ireland): the parties
and their lawyers control the presentation of the case, examine and cross-examine witnesses,
and present evidence. The judge acts as a neutral umpire who decides what the law says.
Shared values across all systems: Despite these structural differences, all legal systems — whether
inquisitorial or adversarial — share common fundamental values:
• Public trials: court proceedings are open to the public unless there is a specific exception (e.g.,
family cases involving children)
• Independence and impartiality of courts: judges must be free from interference by the
government or the parties; a judge who has a personal interest in the outcome must recuse
themselves
• Procedural equality of the parties: both sides get the same opportunities to present their
arguments and respond to the other side — this is sometimes called "equality of arms"
• Right to be heard: no judgment can be issued against a party without giving that party a
genuine opportunity to present their case and respond to the opposing party's arguments
Why this matters for PIL: Even when a Dutch court applies French contract law (because the applicable
law rules point to France), the Dutch court still uses Dutch civil procedure throughout. Procedure is
inseparable from the forum. Substantive law can be foreign; procedure cannot.
⚠ EXAM TRAP: Never confuse procedural law with substantive law. Substantive law = the rights and
obligations of the parties (did the contract exist? was there a breach? how much is owed?). Procedural
law = how you bring those rights before a court and how the court operates. When PIL choice-of-law
620308-B-6 · Exam 29 May 2026 · Pass: 55/100 pts Page 1
,GLB: Conflict of Laws · Week 1 — Introduction to PIL Tilburg University · Spring 2026
rules point to French law, that means French contract law governs the merits — not French civil
procedure.
2. WHAT IS PRIVATE INTERNATIONAL LAW?
Private International Law (PIL) — also known as Conflict of Laws in common law countries — is the
body of rules that determines what happens when a private law dispute involves more than one country.
It answers three fundamental questions:
• Which court in which country has the legal authority to hear the dispute? (Jurisdiction)
• Which country's substantive law governs the merits of the dispute once the court is seised?
(Applicable Law)
• Can a judgment issued in Country A be recognised as valid and enforced in Country B?
(Recognition & Enforcement)
Breaking down the name — each word matters:
"Private": PIL deals with disputes between private parties — individuals, companies, families. It covers
contract disputes, tort claims (personal injury, property damage), family law (marriage, divorce, child
custody, maintenance), succession (who inherits), and commercial matters (company law, intellectual
property). It does NOT cover criminal law, tax law, immigration law, or disputes between states. When a
state acts in a private capacity — signing a commercial contract, for example — PIL can apply. But state
acts of authority (issuing a tax assessment, enacting a statute) fall outside PIL.
"International": There must be a cross-border element — at least one fact that connects the dispute to
more than one country. The most common cross-border elements are:
• Parties domiciled or habitually resident in different countries
• A contract concluded in one country and to be performed in another
• A tort committed in one country causing damage in another
• Property located in a different country from its owner
• A marriage or divorce involving nationals of different states
• A foreign judgment that needs to be enforced locally
If ALL legally relevant facts are located in a single country — same parties, same place, same law —
there is no cross-border element and no PIL question arises at all.
"Law": PIL rules come from multiple sources: EU regulations (such as Brussels I-bis for jurisdiction,
Rome I for contracts, Rome II for torts), international conventions (such as the Hague Conventions), and
national statutes (such as Book 10 of the Dutch Civil Code and the Dutch Code of Civil Procedure).
There is no single global PIL code — the rules vary from country to country and from instrument to
instrument.
💡
REMEMBER: PIL is like a GPS for cross-border disputes. It does not decide who wins or loses — it
tells you which court to go to and which law that court should apply. The court then applies that law to
determine the outcome.
PIL versus Public International Law — a distinction you must never get wrong:
• Public International Law: The system of rules governing relations between STATES — treaties,
diplomatic immunity, sovereignty, war and peace, the United Nations, the International Court of
Justice. It is state-to-state law.
• Private International Law: Rules governing relations between PRIVATE PARTIES when there
is a cross-border element. It is person-to-person (or company-to-company) law, applied by
national courts.
⚠ EXAM TRAP: Writing "PIL = law between states" is wrong. Never confuse these. PIL = rules for
private parties in cross-border disputes. An exam that asks you to explain PIL and you write about state
sovereignty and the UN will get close to zero marks on that question.
3. THE THREE MAIN PIL FACTORS
JURISDICTION: Which court has the power to hear this case?
What jurisdiction means: Jurisdiction is the legal authority of a specific court to hear and decide a
particular case. Before a court examines the merits of a dispute at all — before it asks who is right or
wrong — it must verify that it has jurisdiction. If there is no jurisdiction, the court must decline the case,
620308-B-6 · Exam 29 May 2026 · Pass: 55/100 pts Page 2
,GLB: Conflict of Laws · Week 1 — Introduction to PIL Tilburg University · Spring 2026
regardless of the merits. In cross-border disputes, multiple courts in different countries may
simultaneously have jurisdiction, or none may clearly have it. Figuring this out is the first step.
Why the choice of court matters enormously:
• The court you choose is located in a country, and that country's procedural rules (lex fori) govern
how the case runs — language, timing, costs, burden of proof rules
• The court's own PIL rules determine which substantive law applies to the merits — different
courts' choice-of-law rules can and do point to different applicable laws
• Practical factors vary greatly between countries: speed of courts, enforceability of judgments,
availability of interim measures, quality of judiciary
• This is why parties engage in "forum shopping" — deliberately choosing from among available
courts the one expected to produce the best result. Brussels I-bis creates structured rules that
both enable and constrain this choice
Key instruments for jurisdiction:
• Brussels I-bis Regulation (1215/2012): The primary EU instrument for civil and commercial
matters. Applies when the defendant is domiciled in an EU Member State, or (for special rules
like consumer/employment contracts) even if not. Replaced the Brussels I Regulation (44/2001)
on 10 January 2015.
• Lugano Convention: Extends similar rules to Switzerland, Norway, and Iceland (non-EU EFTA
states).
• Dutch Arts. 1–14 Rv: National Dutch jurisdiction rules — apply only when no EU or international
instrument governs.
APPLICABLE LAW: Which country's law governs the substance?
What it means: Once a court has established jurisdiction, it must determine WHICH country's
substantive law governs the dispute. It does this by applying its own choice-of-law rules (which are part of
its lex fori / PIL). These rules may point to the forum's own law or — very commonly — to a completely
foreign law.
The most important insight in the whole course: The court that has jurisdiction does NOT
automatically apply its own country's law. A Dutch court can — and regularly does — apply French,
German, Italian, or any other country's law. The choice of court and the choice of applicable law are two
completely independent questions. You must analyse them separately, in that order.
Key instruments:
• Rome I Regulation (593/2008): Applicable law for contractual obligations. Starting point: party
autonomy — parties may choose any country's law (Art. 3). If no choice: the law of the country of
the party that must perform the most characteristic obligation (Art. 4). → Weeks 6–9.
• Rome II Regulation (864/2007): Applicable law for non-contractual obligations (torts, unjust
enrichment). General rule: law of the country where the damage occurs — lex loci damni (Art.
4(1)). → Weeks 10–12.
• Vienna Convention (CISG): Provides UNIFORM substantive law for international sale of goods.
When it applies, there is no need to determine applicable law — the CISG itself IS the applicable
law. → Week 6.
• Dutch Arts. 10:153–159 BW: National fallback rules for applicable law when no EU instrument
covers the situation.
💡
REMEMBER: Jurisdiction question and applicable law question are independent. Always analyse
them separately. A Dutch court with jurisdiction may apply French law. That is normal.
RECOGNITION & ENFORCEMENT: Can a foreign judgment be used here?
Recognition — what it means: When a court in Country A gives a judgment, that judgment is
automatically valid within Country A. But if the losing party's assets are in Country B, you cannot simply
go to Country B and demand enforcement. Country B must first "recognise" the judgment — accept that it
is legally valid, final, and binding. The main consequence of recognition is res judicata: the same dispute
cannot be relitigated between the same parties anywhere else. The case is closed.
Enforcement — what it means: Enforcement goes one step further. Once a foreign judgment is
recognised, it must be made "enforceable" — the state must authorise using its coercive power (seizing
bank accounts, property, wages) to make the debtor comply. Recognition + enforcement declaration =
you can call in the bailiff.
620308-B-6 · Exam 29 May 2026 · Pass: 55/100 pts Page 3
, GLB: Conflict of Laws · Week 1 — Introduction to PIL Tilburg University · Spring 2026
Why this is necessary: Without these rules, winning a lawsuit would be meaningless if the debtor's
assets are abroad. The winner would have a piece of paper in one country and no way to touch assets in
another. The R&E rules solve this problem by creating mechanisms for cross-border effectiveness of
judgments.
Key instruments:
• Brussels I-bis Arts. 36–58: Within the EU, judgments are automatically recognised (Art. 36) —
no special procedure needed. Since the Recast Regulation entered into force on 10 January
2015, there is also no longer an exequatur requirement: EU judgments are automatically
enforceable across all Member States. The grounds to refuse recognition are very narrow (Art.
45): violation of public policy, defective service of documents on the defendant, irreconcilability
with a local judgment or another foreign judgment.
• Dutch Art. 431 Rv: The Dutch rule for non-EU judgments. The Netherlands does NOT
automatically recognise or enforce foreign judgments from outside the EU (or outside relevant
international conventions). The winning party must start entirely new proceedings in the
Netherlands. Dutch courts will, however, give the foreign judgment substantial evidential weight
and will often adopt its findings — the new proceedings are thus simplified but not eliminated.
⚠ EXAM TRAP: Many students think R&E questions only arise at the end of proceedings. Wrong — you
must think about enforceability at the BEGINNING when advising a client on where to sue. Winning in a
jurisdiction where enforcement will later be impossible is a hollow victory. Also: recognition and
enforcement are two distinct legal acts. You can recognise without enforcing (e.g., to use res judicata as
a defence). Do not conflate them.
ANCILLARY PIL QUESTIONS
Alongside the three main questions, cross-border proceedings give rise to several additional procedural
questions. These are called ancillary questions because they arise alongside the main PIL questions
rather than replacing them.
• Service of documents: When you sue someone in Country A who lives in Country B, you must
formally notify them — this is called service of process or service of documents. It must be done
through official channels. You cannot simply email the claim form. If service is defective — if the
defendant did not actually receive proper notice of the proceedings — the judgment can later be
refused recognition in another country. The EU Service Regulation (1784/2020, Recast) governs
intra-EU service. The 1965 Hague Service Convention covers service to non-EU countries. →
Week 4.
• Taking of evidence: Witnesses, documents, or expert opinions may be located abroad.
Obtaining them requires a formal cross-border procedure. The EU Evidence Regulation governs
this within the EU.
• European uniform procedures: A set of EU instruments designed to simplify and accelerate
cross-border civil claims:
• European Enforcement Order (EEO): for uncontested claims; allows direct enforcement without
exequatur
• European Order for Payment (EOP): a simplified procedure for uncontested monetary claims
across the EU
• European Small Claims Procedure (ESCP): for low-value cross-border claims (below €5,000)
• European Account Preservation Order (EAPO): a provisional measure to freeze a debtor's bank
account in another EU state
• Legal aid: Parties who cannot afford litigation costs may be entitled to state-funded legal aid. In
cross-border disputes, this raises the question of which state must provide it.
• Administrative cooperation: Coordination between national authorities across borders in civil
and commercial matters.
⚠ EXAM TRAP: Service of documents is not a formality — it is a fundamental right. Brussels I-bis Art.
45(1)(b) makes defective service a mandatory ground for refusing to recognise the resulting judgment. If
you are asked about recognition and there was a service problem earlier in the proceedings, always raise
it.
4. SOURCES OF PIL — The Three-Layer Hierarchy
620308-B-6 · Exam 29 May 2026 · Pass: 55/100 pts Page 4
GLB: Conflict of Laws — Introduction to Private International
Law
Final Exam Study Notes — Week 1
Tilburg University · Global Law Year 2 · Spring 2026 · 620308-B-6
WEEK 1 — INTRODUCTION TO PRIVATE INTERNATIONAL LAW
What procedural law is: Procedural law is the set of rules that tells you HOW to use a court. It does not
determine whether you have a right — it governs the process of exercising that right in front of a judge.
Think of it as the operating manual for litigation: it covers which court is competent, how a case is started,
how documents are exchanged, how evidence is gathered, how witnesses are heard, how a judgment
can be appealed, and how it can be ultimately enforced.
The elements of procedural law — what it regulates:
• The division of courts and their competence — which level of court hears which types of case
• The steps of civil procedure — filing a claim, service of process, written submissions, hearings,
judgment
• The rights and duties of the parties — the right to be heard, the duty to disclose evidence
• Rules on evidence — what counts as proof, who bears the burden of proof
• Appeal of judgments — how and on what grounds a party can challenge a first-instance decision
• Enforcement — how a winning party can compel compliance with the judgment
• The roles of judges, lawyers, clerks, and experts in court proceedings
• The pre-trial stage — preliminary hearings, interim measures, injunctions
• Service of documents — the formal notification of parties about proceedings and judicial acts
The cardinal rule — lex fori processus: Every national court ALWAYS applies its OWN country's
procedural law. This is called the principle of lex fori processus — the procedural law of the forum. It is
a matter of state sovereignty. A Dutch court hearing a dispute between a French company and a German
company still runs the proceedings under Dutch civil procedure (the Dutch Code of Civil Procedure,
Wetboek van Burgerlijke Rechtsvordering, Rv). The fact that foreign substantive law may apply to the
merits changes nothing about how the Dutch court conducts the hearing.
Two main traditions:
• Inquisitorial systems (civil law countries — Netherlands, France, Germany, Italy): the judge
plays an active role, asks questions, investigates the facts, and steers the case. The judge is not
a passive referee.
• Adversarial systems (common law countries — England & Wales, USA, Ireland): the parties
and their lawyers control the presentation of the case, examine and cross-examine witnesses,
and present evidence. The judge acts as a neutral umpire who decides what the law says.
Shared values across all systems: Despite these structural differences, all legal systems — whether
inquisitorial or adversarial — share common fundamental values:
• Public trials: court proceedings are open to the public unless there is a specific exception (e.g.,
family cases involving children)
• Independence and impartiality of courts: judges must be free from interference by the
government or the parties; a judge who has a personal interest in the outcome must recuse
themselves
• Procedural equality of the parties: both sides get the same opportunities to present their
arguments and respond to the other side — this is sometimes called "equality of arms"
• Right to be heard: no judgment can be issued against a party without giving that party a
genuine opportunity to present their case and respond to the opposing party's arguments
Why this matters for PIL: Even when a Dutch court applies French contract law (because the applicable
law rules point to France), the Dutch court still uses Dutch civil procedure throughout. Procedure is
inseparable from the forum. Substantive law can be foreign; procedure cannot.
⚠ EXAM TRAP: Never confuse procedural law with substantive law. Substantive law = the rights and
obligations of the parties (did the contract exist? was there a breach? how much is owed?). Procedural
law = how you bring those rights before a court and how the court operates. When PIL choice-of-law
620308-B-6 · Exam 29 May 2026 · Pass: 55/100 pts Page 1
,GLB: Conflict of Laws · Week 1 — Introduction to PIL Tilburg University · Spring 2026
rules point to French law, that means French contract law governs the merits — not French civil
procedure.
2. WHAT IS PRIVATE INTERNATIONAL LAW?
Private International Law (PIL) — also known as Conflict of Laws in common law countries — is the
body of rules that determines what happens when a private law dispute involves more than one country.
It answers three fundamental questions:
• Which court in which country has the legal authority to hear the dispute? (Jurisdiction)
• Which country's substantive law governs the merits of the dispute once the court is seised?
(Applicable Law)
• Can a judgment issued in Country A be recognised as valid and enforced in Country B?
(Recognition & Enforcement)
Breaking down the name — each word matters:
"Private": PIL deals with disputes between private parties — individuals, companies, families. It covers
contract disputes, tort claims (personal injury, property damage), family law (marriage, divorce, child
custody, maintenance), succession (who inherits), and commercial matters (company law, intellectual
property). It does NOT cover criminal law, tax law, immigration law, or disputes between states. When a
state acts in a private capacity — signing a commercial contract, for example — PIL can apply. But state
acts of authority (issuing a tax assessment, enacting a statute) fall outside PIL.
"International": There must be a cross-border element — at least one fact that connects the dispute to
more than one country. The most common cross-border elements are:
• Parties domiciled or habitually resident in different countries
• A contract concluded in one country and to be performed in another
• A tort committed in one country causing damage in another
• Property located in a different country from its owner
• A marriage or divorce involving nationals of different states
• A foreign judgment that needs to be enforced locally
If ALL legally relevant facts are located in a single country — same parties, same place, same law —
there is no cross-border element and no PIL question arises at all.
"Law": PIL rules come from multiple sources: EU regulations (such as Brussels I-bis for jurisdiction,
Rome I for contracts, Rome II for torts), international conventions (such as the Hague Conventions), and
national statutes (such as Book 10 of the Dutch Civil Code and the Dutch Code of Civil Procedure).
There is no single global PIL code — the rules vary from country to country and from instrument to
instrument.
💡
REMEMBER: PIL is like a GPS for cross-border disputes. It does not decide who wins or loses — it
tells you which court to go to and which law that court should apply. The court then applies that law to
determine the outcome.
PIL versus Public International Law — a distinction you must never get wrong:
• Public International Law: The system of rules governing relations between STATES — treaties,
diplomatic immunity, sovereignty, war and peace, the United Nations, the International Court of
Justice. It is state-to-state law.
• Private International Law: Rules governing relations between PRIVATE PARTIES when there
is a cross-border element. It is person-to-person (or company-to-company) law, applied by
national courts.
⚠ EXAM TRAP: Writing "PIL = law between states" is wrong. Never confuse these. PIL = rules for
private parties in cross-border disputes. An exam that asks you to explain PIL and you write about state
sovereignty and the UN will get close to zero marks on that question.
3. THE THREE MAIN PIL FACTORS
JURISDICTION: Which court has the power to hear this case?
What jurisdiction means: Jurisdiction is the legal authority of a specific court to hear and decide a
particular case. Before a court examines the merits of a dispute at all — before it asks who is right or
wrong — it must verify that it has jurisdiction. If there is no jurisdiction, the court must decline the case,
620308-B-6 · Exam 29 May 2026 · Pass: 55/100 pts Page 2
,GLB: Conflict of Laws · Week 1 — Introduction to PIL Tilburg University · Spring 2026
regardless of the merits. In cross-border disputes, multiple courts in different countries may
simultaneously have jurisdiction, or none may clearly have it. Figuring this out is the first step.
Why the choice of court matters enormously:
• The court you choose is located in a country, and that country's procedural rules (lex fori) govern
how the case runs — language, timing, costs, burden of proof rules
• The court's own PIL rules determine which substantive law applies to the merits — different
courts' choice-of-law rules can and do point to different applicable laws
• Practical factors vary greatly between countries: speed of courts, enforceability of judgments,
availability of interim measures, quality of judiciary
• This is why parties engage in "forum shopping" — deliberately choosing from among available
courts the one expected to produce the best result. Brussels I-bis creates structured rules that
both enable and constrain this choice
Key instruments for jurisdiction:
• Brussels I-bis Regulation (1215/2012): The primary EU instrument for civil and commercial
matters. Applies when the defendant is domiciled in an EU Member State, or (for special rules
like consumer/employment contracts) even if not. Replaced the Brussels I Regulation (44/2001)
on 10 January 2015.
• Lugano Convention: Extends similar rules to Switzerland, Norway, and Iceland (non-EU EFTA
states).
• Dutch Arts. 1–14 Rv: National Dutch jurisdiction rules — apply only when no EU or international
instrument governs.
APPLICABLE LAW: Which country's law governs the substance?
What it means: Once a court has established jurisdiction, it must determine WHICH country's
substantive law governs the dispute. It does this by applying its own choice-of-law rules (which are part of
its lex fori / PIL). These rules may point to the forum's own law or — very commonly — to a completely
foreign law.
The most important insight in the whole course: The court that has jurisdiction does NOT
automatically apply its own country's law. A Dutch court can — and regularly does — apply French,
German, Italian, or any other country's law. The choice of court and the choice of applicable law are two
completely independent questions. You must analyse them separately, in that order.
Key instruments:
• Rome I Regulation (593/2008): Applicable law for contractual obligations. Starting point: party
autonomy — parties may choose any country's law (Art. 3). If no choice: the law of the country of
the party that must perform the most characteristic obligation (Art. 4). → Weeks 6–9.
• Rome II Regulation (864/2007): Applicable law for non-contractual obligations (torts, unjust
enrichment). General rule: law of the country where the damage occurs — lex loci damni (Art.
4(1)). → Weeks 10–12.
• Vienna Convention (CISG): Provides UNIFORM substantive law for international sale of goods.
When it applies, there is no need to determine applicable law — the CISG itself IS the applicable
law. → Week 6.
• Dutch Arts. 10:153–159 BW: National fallback rules for applicable law when no EU instrument
covers the situation.
💡
REMEMBER: Jurisdiction question and applicable law question are independent. Always analyse
them separately. A Dutch court with jurisdiction may apply French law. That is normal.
RECOGNITION & ENFORCEMENT: Can a foreign judgment be used here?
Recognition — what it means: When a court in Country A gives a judgment, that judgment is
automatically valid within Country A. But if the losing party's assets are in Country B, you cannot simply
go to Country B and demand enforcement. Country B must first "recognise" the judgment — accept that it
is legally valid, final, and binding. The main consequence of recognition is res judicata: the same dispute
cannot be relitigated between the same parties anywhere else. The case is closed.
Enforcement — what it means: Enforcement goes one step further. Once a foreign judgment is
recognised, it must be made "enforceable" — the state must authorise using its coercive power (seizing
bank accounts, property, wages) to make the debtor comply. Recognition + enforcement declaration =
you can call in the bailiff.
620308-B-6 · Exam 29 May 2026 · Pass: 55/100 pts Page 3
, GLB: Conflict of Laws · Week 1 — Introduction to PIL Tilburg University · Spring 2026
Why this is necessary: Without these rules, winning a lawsuit would be meaningless if the debtor's
assets are abroad. The winner would have a piece of paper in one country and no way to touch assets in
another. The R&E rules solve this problem by creating mechanisms for cross-border effectiveness of
judgments.
Key instruments:
• Brussels I-bis Arts. 36–58: Within the EU, judgments are automatically recognised (Art. 36) —
no special procedure needed. Since the Recast Regulation entered into force on 10 January
2015, there is also no longer an exequatur requirement: EU judgments are automatically
enforceable across all Member States. The grounds to refuse recognition are very narrow (Art.
45): violation of public policy, defective service of documents on the defendant, irreconcilability
with a local judgment or another foreign judgment.
• Dutch Art. 431 Rv: The Dutch rule for non-EU judgments. The Netherlands does NOT
automatically recognise or enforce foreign judgments from outside the EU (or outside relevant
international conventions). The winning party must start entirely new proceedings in the
Netherlands. Dutch courts will, however, give the foreign judgment substantial evidential weight
and will often adopt its findings — the new proceedings are thus simplified but not eliminated.
⚠ EXAM TRAP: Many students think R&E questions only arise at the end of proceedings. Wrong — you
must think about enforceability at the BEGINNING when advising a client on where to sue. Winning in a
jurisdiction where enforcement will later be impossible is a hollow victory. Also: recognition and
enforcement are two distinct legal acts. You can recognise without enforcing (e.g., to use res judicata as
a defence). Do not conflate them.
ANCILLARY PIL QUESTIONS
Alongside the three main questions, cross-border proceedings give rise to several additional procedural
questions. These are called ancillary questions because they arise alongside the main PIL questions
rather than replacing them.
• Service of documents: When you sue someone in Country A who lives in Country B, you must
formally notify them — this is called service of process or service of documents. It must be done
through official channels. You cannot simply email the claim form. If service is defective — if the
defendant did not actually receive proper notice of the proceedings — the judgment can later be
refused recognition in another country. The EU Service Regulation (1784/2020, Recast) governs
intra-EU service. The 1965 Hague Service Convention covers service to non-EU countries. →
Week 4.
• Taking of evidence: Witnesses, documents, or expert opinions may be located abroad.
Obtaining them requires a formal cross-border procedure. The EU Evidence Regulation governs
this within the EU.
• European uniform procedures: A set of EU instruments designed to simplify and accelerate
cross-border civil claims:
• European Enforcement Order (EEO): for uncontested claims; allows direct enforcement without
exequatur
• European Order for Payment (EOP): a simplified procedure for uncontested monetary claims
across the EU
• European Small Claims Procedure (ESCP): for low-value cross-border claims (below €5,000)
• European Account Preservation Order (EAPO): a provisional measure to freeze a debtor's bank
account in another EU state
• Legal aid: Parties who cannot afford litigation costs may be entitled to state-funded legal aid. In
cross-border disputes, this raises the question of which state must provide it.
• Administrative cooperation: Coordination between national authorities across borders in civil
and commercial matters.
⚠ EXAM TRAP: Service of documents is not a formality — it is a fundamental right. Brussels I-bis Art.
45(1)(b) makes defective service a mandatory ground for refusing to recognise the resulting judgment. If
you are asked about recognition and there was a service problem earlier in the proceedings, always raise
it.
4. SOURCES OF PIL — The Three-Layer Hierarchy
620308-B-6 · Exam 29 May 2026 · Pass: 55/100 pts Page 4
