Cross-Border Litigation in Europe

Series Editor's Preface
Editors' Preface
Table of Contents
Contributors List
1 Introduction: Research Aims and Methodology
	I. Legislative Developments and Theoretical Framework
	II. Other Relevant Studies and Project Research Aims
	III. Assessing the Effectiveness of EU PIL: Legislative Objectives and Issues in a Cross-border Context
	IV. Research Methodology
	V. Value Added by the Project
	VI. Structure of the Book
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
		I. EU Competence to Legislate in the Area of Private International Law
		II. Legal Sources of EU Private International Law
		III. Territorial Scope of EU Legislation on Private International Law
		IV. Law Reforms at EU Level
	3 An Analysis of the Effectiveness of the EU Institutions in Making and Interpreting EU Private International Law Regulations
		I. Introduction
		II. Effectiveness of the EU Legislature in making EU Private International Law Regulations
		III. Effectiveness of the Court of Justice of the EU in Interpreting EU Private International Law Regulations
		IV. Conclusion
	4 Unharmonised Procedural Rules: Is there a Case for Further Harmonisation at EU Level?
		I. Introduction
		II. To What Extent has the EU already Harmonised National Procedural Rules?
		III. Is There a Compelling Political or Legal Case for Further Harmonisation of Procedural Rules by the EU?
		IV. What Then Should be Harmonised?
		V. How Should this Harmonisation be Effected?
		VI. Conclusion
Part II Cross-border Litigation Pattern—Empirical Data and Analysis
	5 Great Britain
		I. Introduction
		II. England and Wales
		III. Scotland
		IV. Conclusion
	6 Belgium
		I. Introduction
		II. Civil and Commercial Matters
		III. Family Law Matters
		IV. Conclusion
	7 Germany
		I. Introduction
		II. Germany's Experience on Cross-border Civil and Commercial Disputes
		III. Germany's Experience in Cross-border Family Law Disputes
		IV. Conclusion
	8 Italy
		I. Introduction
		II. Italy's Experience on Cross-border Civil and Commercial Disputes
		III. Italian Experience on Cross-border Family Law Disputes
		IV. Conclusion
	9 Spain
		I. Introduction
		II. Spain's Experience in Non-family Cross-border Civil and Commercial Disputes
		III. Spain's Experience in Cross-border Family Law Disputes
		IV. Conclusion
	10 Poland
		I. Introduction
		II. Poland's Experience in Cross-border Civil and Commercial Disputes
		III. Poland's Experience on Cross-border Family Law Disputes
	11 Austria
		I. Introduction
		II. Austria's Experience in Cross-border Non-family Civil and Commercial Disputes
		III. Austria's Experience on Cross-border Family Law Disputes
	12 Bulgaria
		I. Introduction
		II. Brussels I
		III. Applicable Law-Rome I and Rome II
		IV. Cross-border Family Law Disputes
		V. Conclusion
	13 Croatia
		I. Introduction
		II. Issues Under the Brussels I Regulation
		III. Croatian National Courts' Practice in Interpreting the Regulations
		IV. Cost and Length of Litigation in Cross-border Civil and Commercial Disputes
		V. Settlement and Alternative Dispute Resolution for Cross-border Civil and Commercial Disputes
		VI. Conclusion
	14 Cyprus
		I. Introduction
		II. Cyprus's Experience on Cross-border Civil and Commercial Disputes
		III. Cyprus's Experience on Cross-border Family Law Disputes
		IV. Conclusion
	15 Czech Republic
		I. Introduction
		II. Czech Experience in Non-family Cross-border Civil and Commercial Disputes
		III. Czech Experience on Cross-border Family Law Disputes
		IV. Conclusion
	16 Finland
		I. Introduction
		II. Finland's Experience on Cross-border Civil and Commercial Disputes
		III. Finland's Experience on Cross-border Family Law Disputes
		IV. Conclusion
	17 France
		I. Introduction
		II. France's Experience on Cross-border Civil and Commercial Disputes
		III. French Experience on Cross-border Family Law Disputes
	18 Greece
		I. Introduction
		II. Greece's Experience on Cross-border Civil and Commercial Disputes
		III. Greece's Experience on Cross-border Family Law Disputes
		IV. Conclusion
	19 Hungary
		I. Introduction
		II. Cross-border Civil and Commercial Disputes
		III. Cross-border Family Law Disputes
		IV. Conclusion
	20 Ireland
		I. Introduction
		II. Ireland's Experience on Cross-border Civil and Commercial Disputes
		III. Ireland's Experience on Cross-border Family Law Disputes
		IV. Conclusion
	21 Latvia
		I. Introduction
		II. Latvia's Experience on Cross-border Civil and Commercial Disputes
		III. Latvia's Experience on Cross-border Family Law Disputes
		IV. Conclusion
	22 Lithuania
		I. Introduction
		II. Lithuania's Experience on Cross-border Civil Disputes and Civil Procedure Governing the Commercial Disputes
		III. Lithuania's Experience on Cross-border Family Law Disputes
		IV. Conclusion
	23 Luxembourg
		I. Introduction
		II. Luxembourg's Experience on Cross-border Civil and Commercial Disputes
		III. Luxembourg's Experience on Cross-border Family Law Disputes
		IV. Conclusion
	24 Malta
		I. Introduction
		II. Malta's Experience on Cross-border Civil and Commercial Disputes
		III. Malta's Experience on Cross-border Family Law Disputes
		IV. Conclusion
	25 The Netherlands
		I. Introduction
		II. The Netherlands Experience in Cross-border Civil and Commercial Disputes
		III. The Netherlands' Experience in Cross-border Family Law Disputes
	26 Portugal
		I. Introduction
		II. Portugal's Experience on Cross-border Civil and Commercial Disputes
		III. Portugal's Experience of Cross-border Family Law Disputes
		IV. Conclusion
	27 Romania
		I. Introduction
		II. Romania's Experience in Cross-border Civil and Commercial Disputes
		III. Romania's Experience in Cross-border Family Law Disputes
		IV. Conclusion
	28 Slovakia
		I. Introduction
		II. Slovak Experience on Cross-border Civil and Commercial Disputes
		III. Slovak Experience on Cross-border Family Law Disputes
	29 Slovenia
		I. Introduction
		II. Slovenia's Experience on Cross-border Civil and Commercial Disputes
		III. Slovenia's Experience on Cross-border Family Law Disputes
		IV. Conclusion
	30 Sweden
		I. Introduction
		II. Sweden's Experience on Cross-border Civil and Commercial Disputes
		III. Sweden's Experience on Cross-border Family Law Disputes
		IV. Conclusion
	31 Promoting Efficient Litigation?
		I. Introduction
		II. Welfare Analysis of Litigation
		III. Analysis of the Litigation Pattern
		IV. Conclusion
	32 Data Analysis: Important Issues to be Considered in a Cross-border Context
		I. Introduction
		II. Remedies Impact Parties' Decisions Whether/Where to Sue
		III. The EU Legal Landscape Shapes the Litigants' Strategies
		IV. The Litigants' Strategies Affect the Available Remedies: Some Issues to be Considered
		V. Conclusion
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
		I. Introduction
		II. Interpretation of the Rules on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters under the Brussels I Regulation
		III. Interpretation of the Rules on the Law Applicable to Contractual Obligations Under the Rome I Regulation
		IV. Interpretation of the Rules on the Law Applicable to Non-contractual Obligations under the Rome II Regulation
		V. Conclusion
	34 Legal Certainty and Predictability in the EUPILLAR Project's Regulations: An Assessment
		I. Introduction
		II. Right to Justice and the Concepts of Legal Certainty and Predictability in the EU Legal Framework
		III. Legal Certainty in EUPILLAR's Project Regulations
		IV. Interpretation, Characterisation and Consistency
		V. Particular Issues
		VI. Conclusions
	35 Effective Remedies in Cross-border Civil and Commercial Law Disputes: A Case for an Institutional Reform at EU Level
		I. Introduction
		II. Parties' Strategies: EU Legal Landscape-A Level of Legal Uncertainty-Effective Remedies
		III. The Level of Legal Uncertainty and Remedies: Cost-shifting-Litigants' Behaviour and Settlements in Cross-border Cases
		IV. Concluding Remarks
	36 Cross-border Contract Litigation in the EU
		I. Introduction
		II. Conflicts Rules in Commercial Contracts
		III. Contracts with Inequality of Bargaining Power
		IV. Conclusion
	37 Cross-border Non-contractual Disputes: The Legislative Framework and Court Practice
		I. Introduction
		II. International Jurisdiction
		III. Applicable Law
		IV. Overall Conclusion
	38 Litigating Cross-border Intellectual Property Disputes in the EU Private International Law Framework
		I. Introduction
		II. Jurisdiction
		III. Applicable Law
		IV. Conclusion
	39 Private Enforcement of Competition Law
		I. Introduction
		II. European Union Private International Law: Reducing Uncertainties by Reform and by Judicial Clarification of the Existing Law
		III. Conclusion
	40 The Relationship Between Litigation and ADR: Evaluating the Effect of the EU PIL Framework on ADR/Settlements in Cross-border Cases
		I. Introduction and Some Preliminary Remarks: ADR/Settlements and Cross-border Litigation
		II. A Level of Harmonisation-The EU Legislative Framework
		III. The Relationship Between Litigation and ADR in Cross-border Cases
		IV. Assessing the Effect of the EU PIL Framework on ADR and Settlements
		V. Conclusion
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
		I. Introduction
		II. Brussels IIa Regulation
		III. Maintenance Regulation
		IV. Conclusion
	42 Habitual Residence: The Factors that Courts Consider
		I. Introduction
		II. The Autonomous Interpretation of a Factual Concept
		III. Habitual Residence of Adults
		IV. Habitual Residence of Legal Persons
		V. Habitual Residence of Children
		VI. Conclusion
	43 No Deal Better than a Bad Deal-Child Abduction and the Brussels IIa Regulation
		I. Introduction
		II. The Hague Abduction Convention Mechanism
		III. Brussels IIa Regulation
		IV. Conclusions and Proposals
	44 New (and Old) Problems for Maintenance Creditors Under the EU Maintenance Regulation
		I. Introduction
		II. Jurisdiction
		III. Lis Pendens
		IV. Recognition and Enforcement
		V. Conclusion
	45 Mediation in EU Cross-border Family Law
		I. Introduction
		II. Mediation: Expression of Autonomy
		III. Mediating Decisions Affecting Children Under Directive 2008/52
		IV. Conclusions
	46 Matrimonial Matters under the Brussels IIa Regulation
		I. Article 1: Material Scope
		II. Article 3: Jurisdictional Grounds
		III. Articles 6 and 7: Residual Grounds of Jurisdiction
		IV. The Bigger Picture: Fragmentation of Jurisdiction
		V. Article 19-Lis Pendens and Dependent Actions in Matrimonial Matters
		VI. Declining Jurisdiction in Favour of a Third Country: Implications of Owusu v Jackson
		VII. Concluding Remarks: Time for Reform?
Part V Conclusion
	47 Cross-border Litigation in Europe: Some Theoretical Issues and Some Practical Challenges
		I. Factors Impairing Parties' Access to Effective Remedies: A Case for Reform
		II. Some Specific Aspects in Relation to Cross-border Family Law Disputes
		III. Case for Reform: Institutional Architecture and Remedies in Cross-border Cases
		IV. Revising the EU Legal Landscape and the BREXIT Implications: Could There be Even More Adjudicatory Competition?
Index