This book acts as a guide to companies doing business with parties in the European Union. It provides the reader with answers to key questions of private international law. When and under which conditions can the court(s) of an EU Member State assume jurisdiction and which law will be applied? Will the resulting judgment be recognised and enforced in other EU Member States?
In addition to a general explanation of the system of private international law in the EU Member States, the book provides answers on questions of jurisdiction and applicable law in a selection of areas: the negotiation and conclusion of general contracts, consumer contracts, individual employment contracts, directors’ liability and tort. The integrated treatment of jurisdiction and applicable law for each of these subjects also makes the book an excellent guide to legal practice.
Prof. dr. Mathijs H. ten Wolde, LL.M. is a full professor of Civil Law, Private International Law and International Transport Law at the University of Groningen, the Netherlands and director of the Ulrik Huber Institute for Private International Law. He also practices law at Ten Wolde Amsterdam (Schiphol) where he focuses on cross-border cases.
Dr. Kirsten C. Henckel, LL.M. is an assistant professor of Private International Law at the University of Groningen, the Netherlands.
Preface
1. Private international law in the EU Member States
1.1 Introduction
1.2 Character of private international law
1.3 EU and private international law
1.4 EU Member States and rules of international jurisdiction
1.5 EU Member States and conflict-of-laws rules
2. International jurisdiction
2.1 Introduction
2.2 Background and development of the Brussels Ibis Regulation
2.3 The scope of the Brussels Ibis Regulation
2.4 The system of jurisdiction rules
2.5 The general rule: forum rei
2.6 Alternative grounds of jurisdiction
2.7 Specific rules of jurisdiction
2.8 Lis pendens and related claims
2.9 Hague Choice of Court Convention 2005
3. Contractual obligations
3.1 Jurisdiction over contractual obligations
3.2 The law applicable to contractual obligations (Rome I Regulation)
4. Consumer contracts
4.1 Jurisdiction
4.2 The law applicable to the consumer contract
5. Employment contracts
5.1 Jurisdiction
5.2 Applicable law
6. Directors’ liability
6.1 Directors’ liability
6.2 Jurisdiction
6.3 Applicable Law
6.4 Concluding remarks
7. Torts
7.1 Jurisdiction in tort or delict cases
7.2 The law applicable to torts