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Cross-Border Litigation in Europe (eBook)

Edited by: Paul Beaumont, Mihail Danov, Katarina Trimmings, Burcu Yuksel

ISBN13: 9781782256779
Published: November 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £58.49
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This substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU.

It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid (Complutense).

The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensive analysis of the Court of Justice of the EU ('CJEU') and national case law on the Brussels I, Rome I and II, Brussels IIa and Maintenance Regulations. Part I discusses the development of the EU PIL framework.

Part II contains the national reports from 26 EU Member States. Parts III (civil and commercial) and IV (family law) contain the CJEU case law analysis and several cross-cutting chapters. Part V briefly sets the agenda for an institutional reform which is necessary to improve the effectiveness of the EU PIL regime.

This comprehensive research project book will be of interest to researchers, students, legal practitioners, judges and policy-makers who work, or are interested, in the field of private international law.

Subjects:
Conflict of Laws, eBooks
Contents:
1. Introduction: Research Aims and Methodology
Paul Beaumont and Mihail Danov

Part I: Shaping the Development of the Private International
Law Framework
2. EU Competence to Legislate in the Area of Private International Law and Law Reforms at the EU Level
Jan von Hein
3. An Analysis of the Effectiveness of the EU Institutions in Making and Interpreting EU Private International Law Regulations
Burcu Yüksel
4. Unharmonised Procedural Rules: Is there a Case for Further Harmonisation at EU Level?
Jonathan Fitchen

Part II: Cross-border Litigation Pattern—Empirical Data and Analysis
5. Great Britain
Paul Beaumont, Mihail Danov, Katarina Trimmings and Burcu Yüksel
6. Belgium
Thalia Kruger and Eline Ulrix
7. Germany
Jan von Hein and Hannah Dittmers
8. Italy
Stefania Bariatti, Ilaria Viarengo, Francesca C Villata, Sara Bernasconi and Filippo Marchetti
9. Spain
Carmen Otero García-Castrillón
10. Poland
Agnieszka Frackowiak-Adamska, Agnieszka Guzewicz and Lukasz Petelski
11. Austria
Florian Heindler and Bea Verschraegen
12. Bulgaria
Teodora Tsenova and Anton Petrov
13. Croatia
Ivana Kunda
14. Cyprus
Nikitas E Hatzimihail
15. Czech Republic
Monika Pauknerová, Marta Zavadilová and Jirí Grygar
16. Finland
Gustaf Möller
17. France
Horatia Muir Watt, Sabine Corneloup, Laurence Usunier, Didier Boden,Jeremy Heymann and David Sindres
18. Greece
Aspasia Archontaki and Paata Simsive
19. Hungary
Csongor István Nagy
20. Ireland
Maebh Harding
21. Latvia
Irena Kucina
22. Lithuania
Kristina Praneviciene
23. Luxembourg
Céline Camara
24. Malta
Antoine G Cremona, Clement Mifsud-Bonnici and Calvin Calleja
25. The Netherlands
Aukje Van Hoek, Ian Sumner and Cathalijne van der Plas
26. Portugal
Elsa Dias Oliveira, João Gomes de Almeida, Eugénia Galvão Teles, Susana Maltez and Raquel Correia
27. Romania
Ileana M Smeureanu, Lucian Ilie and Alexandra Ema Dobre
28. Slovakia
Miroslava Vozáryová and Katarína Burdová
29. Slovenia
Suzana Kraljic
30. Sweden
Michael Bogdan and Ulf Maunsbach
31. Promoting Efficient Litigation?
Stephen Dnes
32. Data Analysis: Important Issues to be Considered in a Cross-border Context
Mihail Danov

Part III: Litigating Cross-border Civil and Commercial Disputes—A Europe of Law and Justice
33. Cross-border Civil and Commercial Disputes Before the Court of Justice of the European Union
Paul Beaumont and Burcu Yüksel
34. Legal Certainty and Predictability in the EUPILLAR Project’s Regulations: An Assessment
Carmen Otero García-Castrillón
35. Effective Remedies in Cross-border Civil and Commercial Law Disputes: A Case for an Institutional Reform at EU Level
Mihail Danov and Paul Beaumont
36. Cross-border Contract Litigation in the EU
Zheng Sophia Tang
37. Cross-border Non-contractual Disputes: The Legislative Framework and Court Practice
Michael Wilderspin
38. Litigating Cross-border Intellectual Property Disputes in the EU Private International Law Framework
Paul Torremans
39. Private Enforcement of Competition Law
Jonathan Fitchen
40. The Relationship Between Litigation and ADR: Evaluating the Effect of the EU PIL Framework on ADR/Settlements in Cross-border Cases
Mihail Danov and Stefania Bariatti

Part IV: Litigating Cross-border Family Law Disputes—A Europe of Law and Justice
41. Court of Justice of the European Union’s Case Law on Family Law Matters Under Brussels IIa and Maintenance
Paul Beaumont and Katarina Trimmings
42. Habitual Residence: The Factors that Courts Consider
Thalia Kruger
43. No Deal Better than a Bad Deal—Child Abduction and the Brussels IIa Regulation
Agnieszka Frackowiak-Adamska
44. New (and Old) Problems for Maintenance Creditors Under the EU Maintenance Regulation
Lara Walker
45. Mediation in EU Cross-border Family Law
Ruth Lamont
46. Matrimonial Matters Under the Brussels IIa Regulation
Katarina Trimmings

Part V: Conclusion
47. Cross-border Litigation in Europe: Some Theoretical Issues and Some Practical Challenges
Paul Beaumont, Mihail Danov, Katarina Trimmings and Burcu Yüksel"

Series: Studies in Private International Law

Private International Law in BRICS: Convergence, Divergence and Reciprocal Lessons ISBN 9781509966141
To be published August 2024
Hart Publishing
£120.00
A Guide to Global Private International Law ISBN 9781509957873
Published November 2023
Hart Publishing
£49.99
Private International Law and Competition Litigation in a Global Context ISBN 9781509918669
Published September 2023
Hart Publishing
£95.00
Private International Law and Competition Litigation in a Global Context (eBook) ISBN 9781509918676
Published September 2023
Hart Publishing
£85.50
(ePub)
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The Application of Foreign Law in the British and German Courts ISBN 9781509959587
Published December 2022
Hart Publishing
£85.00
£76.50
(ePub)
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The Private International Law of Authentic Instruments ISBN 9781509945627
Published July 2022
Hart Publishing
£49.99
Economic Sanctions in EU Private International Law ISBN 9781509953578
Published July 2021
Hart Publishing
£43.99
The Private International Law of Authentic Instruments ISBN 9781509907632
Published November 2020
Hart Publishing
£100.00
The Private International Law of Authentic Instruments (eBook) ISBN 9781509907649
Published November 2020
Hart Publishing
£44.99
(ePub)
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Planning the Future of Cross Border Families: A Path Through Coordination ISBN 9781509919864
Published October 2020
Hart Publishing
£200.00
£180.00
(ePub)
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Private International Law in Nigeria (eBook) ISBN 9781509911141
Published June 2020
Hart Publishing
£53.99
(ePub)
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Private International Law in Nigeria ISBN 9781509911134
Published June 2020
Hart Publishing
£130.00
Place of Performance: A Comparative Analysis ISBN 9781509936205
Published May 2020
Hart Publishing
£100.00
Place of Performance: A Comparative Analysis (eBook) ISBN 9781509936212
Published May 2020
Hart Publishing
£38.69
(ePub)
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Clawback Law in the Context of Succession ISBN 9781509932320
Published May 2020
Hart Publishing
£95.00
Clawback Law in the Context of Succession (eBook) ISBN 9781509932337
Published May 2020
Hart Publishing
£85.50
(ePub)
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£40.49
(ePub)
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£44.99
Economic Sanctions in EU Private International Law (eBook) ISBN 9781509933525
Published January 2020
Hart Publishing
£39.59
(ePub)
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Economic Sanctions in EU Private International Law ISBN 9781509933518
Published January 2020
Hart Publishing
£95.00
Recognition and Enforcement of Judgments in Civil and Commercial Matters
Edited by: Anselmo Reyes
ISBN 9781509924257
Published September 2019
Hart Publishing
£150.00
Recognition and Enforcement of Judgments in Civil and Commercial Matters (eBook)
Edited by: Anselmo Reyes
ISBN 9781509924271
Published September 2019
Hart Publishing
£135.00
(ePub)
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130 ISBN 9781509922871
Published June 2019
Hart Publishing
£130.00
The Choice of Law Contract ISBN 9781509926800
Published January 2019
Hart Publishing
£34.99
Forum (Non) Conveniens in England: Past, Present, and Future ISBN 9781782256403
Published December 2018
Hart Publishing
£70.00
Forum (Non) Conveniens in England: Past, Present, and Future (eBook) ISBN 9781509925780
Published December 2018
Hart Publishing
£25.19
(ePub)
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Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781509920105
Published January 2018
Hart Publishing
£41.99
Cross-Border Litigation in Europe ISBN 9781782256762
Published November 2017
Hart Publishing
£130.00
The Nature and Enforcement of Choice of Court Agreements: A Comparative Study ISBN 9781509914494
Published October 2017
Special offer (limited stock)
£100.00
Maintenance And Child Support in Private International Law ISBN 9781509915507
Published June 2017
Hart Publishing
£37.99
£29.99
The Choice of Law Contract ISBN 9781849467643
Published September 2016
Hart Publishing
£90.00
The Choice of Law Contract (eBook) ISBN 9781509901029
Published September 2016
Hart Publishing
£31.49
(ePub)
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Recovery of Maintenance in the EU and Worldwide
Edited by: Paul Beaumont
ISBN 9781509909285
Published August 2016
Hart Publishing
£54.99
Electronic Consumer Contracts in the Conflict of Laws 2nd ed (eBook) ISBN 9781782259305
Published October 2015
Hart Publishing
£37.79
(ePub)
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Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781849466912
Published October 2015
Hart Publishing
£95.00
Maintenance And Child Support in Private International Law (eBook) ISBN 9781509903566
Published March 2015
Hart Publishing
£34.19
(ePub)
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Maintenance And Child Support in Private International Law ISBN 9781849467179
Published March 2015
Hart Publishing
£95.00
£85.00
£26.99
(ePub)
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Recovery of Maintenance in the EU and Worldwide
Edited by: Paul Beaumont
ISBN 9781849465731
Published July 2014
Hart Publishing
£140.00
Recovery of Maintenance in the EU and Worldwide (eBook)
Edited by: Paul Beaumont
ISBN 9781782254690
Published July 2014
Hart Publishing
£49.49
(ePub)
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The Hague Child Abduction Convention: A Critical Analysis (eBook) ISBN 9781782253099
Published November 2013
Hart Publishing
£108.00
(ePub)
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The Hague Child Abduction Convention: A Critical Analysis ISBN 9781849460170
Published November 2013
Hart Publishing
£120.00
Child Abduction within the European Union ISBN 9781849463973
Published March 2013
Hart Publishing
£95.00
Child Abduction within the European Union (eBook) ISBN 9781782250838
Published March 2013
Hart Publishing
£85.50
(ePub)
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Intellectual Property and Private International Law: Comparative Perspectives
Edited by: Toshiyuki Kono
ISBN 9781849462310
Published June 2012
Hart Publishing
£300.00
Intellectual Property and Private International Law: Comparative Perspectives (eBook)
Edited by: Toshiyuki Kono
ISBN 9781847319708
Published June 2012
Hart Publishing
£270.00
(ePub)
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The Governing Law of Companies in EU Law ISBN 9781849462969
Published April 2012
Hart Publishing
£95.00
The Governing Law of Companies in EU Law (eBook) ISBN 9781847319272
Published April 2012
Hart Publishing
£85.50
(ePub)
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£162.00
(ePub)
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£180.00
Mediating International Child Abduction Cases: The Hague Convention ISBN 9781849461818
Published October 2011
Hart Publishing
£90.00
Mediating International Child Abduction Cases: The Hague Convention (eBook) ISBN 9781847318657
Published October 2011
Hart Publishing
£81.00
(ePub)
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International Child Abduction: The Inadequacies of the Law ISBN 9781849461566
Published August 2011
Hart Publishing
£95.00
International Child Abduction: The Inadequacies of the Law (eBook) ISBN 9781847318565
Published August 2011
Hart Publishing
£85.50
(ePub)
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Cases and Materials on EU Private International Law ISBN 9781849460279
Published April 2011
Hart Publishing
£80.00
Cases and Materials on EU Private International Law (eBook) ISBN 9781847317636
Published April 2011
Hart Publishing
£72.00
(ePub)
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Jurisdiction and Judgments in Relation to EU Competition Law Claims ISBN 9781841136592
Published December 2010
Hart Publishing
£130.00
Foreign Currency Claims in the Conflict of Laws ISBN 9781841138923
Published April 2010
Hart Publishing
£85.00
Electronic Consumer Contracts in the Conflict of Laws ISBN 9781841138473
Published September 2009
Hart Publishing
Out of print