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Study Information

General Information

 

Private International Law - Study Materials

Welcome on the website of the project

 

Internationalization and informatization of education and learning materials within the study field of private international law

 

developed by the

Department of international law and international relationship

Comenius University, Faculty of Law

(2021-2022)

Projekt KEGA č. 091UK-4/2021

 

Textbook Private International LawCase studies, examples, Q&ALegal sourcesOther study sourcesJurisprudence

 

 

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The Department of International Law and International Relations, Comenius University, Faculty of Law, Bratislava, Slovakia

International Law Department (Comenius) Bratislava

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Legal sources

In force

Act No. 97/1963. Coll. on Private International Law and (SK actual version from Coll. / EN version)

Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast)

Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast)

Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations

Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession

Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast)

Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)

Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II)

Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation

Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes

Council Regulation (EU) 2016/1104 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships

Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation

Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (recast)

Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) (recast)

Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims

Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters

Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure

Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure

Regulation (EU) No 655/2014 of the European Parliament and of the Council of 15 May 2014 establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters

Regulation (EU) 2022/850 of the European Parliament and of the Council of 30 May 2022 on a computerised system for the cross-border electronic exchange of data in the area of judicial cooperation in civil and criminal matters (e-CODEX system)

Regulation (EU) 2016/1191 of the European Parliament and of the Council of 6 July 2016 on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and amending Regulation (EU) No 1024/2012

Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (plus supplement1) (plus supplement2)

Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters

Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Lugano)

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Arbitration Convention)

Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits

United Nations Convention on Contracts for the International Sale of Goods (CISG)

Convention on the Limitation Period in the International Sale of Goods

United Nations Convention on the Use of Electronic Communications in International Contracts

Convention on the Contract for the International Carriage of Goods by Road (CMR) (11/1975 Coll.)

Convention for the Unification of Certain Rules for International Carriage by Air

Convention concerning International Carriage by Rail (COTIF) (8/1985 Coll)  

Appendix A “Uniform Rules concerning the Contract of International Carriage of Passengers by Rail (CIV)”

Appendix B “Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM)

2013/103/EU: Council Decision of 16 June 2011 on the signing and conclusion of the Agreement between the European Union and the Intergovernmental Organisation for International Carriage by Rail on the Accession of the European Union to the Convention concerning International Carriage by Rail (COTIF), as amended by the Vilnius Protocol of 3 June 1999

United Nations Convention on the Carriage of Goods by Sea

Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (PAL)

International convention on liability and compensation for damage in connection with the carriage of hazardous and noxious substances by sea, 1996 (HNS Convention)

Not in force

Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters

Protocol on the interpretation of the Brussels Convention by the Court of Justice of the European Communities

Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses

Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings

Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000

Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (Lugano on 16 September 1988)

Rome Convention on the law applicable to contractual obligations (1980)

Council regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters

Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000

Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters

Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters

 

Convention of 30 June 2005 on Choice of Court Agreements

Other study sources

Council Decision of 5 October 2006 on the accession of the Community to the Hague Conference on Private International Law

Council Decision (EU) 2022/1206 of 12 July 2022 concerning the accession of the European Union to the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Assessment on the application of the United Kingdom of Great Britain and Northern Ireland to accede to the 2007 Lugano Convention

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE on the application of Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters

Hague Conference on Private International Law

Jenard Report (Brussels Convention 1968)

Jenard and Möller Report (Lugano Convention 1988)

Pocar Report (Lugano Convention 2007)

Borrás Report (Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters 1988)

Schlosser Report (Convention of 9 October 1978 on the Association of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland to the Brussels Convention)

Evrigenis Report (Convention on 25 October 1982 on the accession of the Hellenic Republic to the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters and to the Protocol on its interpretation by the Court of Justice with the amendments made to them by the Convention on the accession of the Kingdom of Denmark, of Ireland)

Heidelberg Report (Brussels Regulation 2007)

Giuliano and Lagarde Report (Rome I)

Practice Guide for the Application of the Regulation on the European Enforcement Order

Green Paper on the review of Council Regulation (EC) no 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

 

Tampere European Council 15 and 16 October 1999, Presidency conclusions

Jurisprudence

Case C-111/05, Aktiebolaget (territorial application of EU law – territory od EU Member States)

Case C-73/19, Movic (Concept of ‘civil and commercial matters’)

Case C‑646/20, TB (Concept of ‘judgment’)

Case C-358/21, Tilman (Jurisdiction clause – Formal requirements)

Case C-18/21, Uniqa (30-day time limit for lodging a statement of opposition to the EOP)

Case C-595/20, ShareWood Switzerland (Choice of applicable law - immovable property)

Joined Cases C-152/20 and C-218/20, Gruber Logistics (Individual employment contracts)

Case C-800/19, Mittelbayerischer Verlag (Place where the harmful event occurred – internet)

Case C-280/20, ZN (Exercise of public powers)

Case C-804/19, Markt24 GmbH (Contract of employment – Place of performance)

Case C-251/20, Gtflix Tv (Place where the harmful event occurred- Internet)

Case C-242/20, HRVATSKE ŠUME (Action for recovery of sums unduly paid based on unjust enrichment)

Case C-289/20, IB (Habitual residence – Divorce)

Case C-294/15, Mikołajczyk (action for annulment of marriage)

Case C-168/08, Hadadi (Habitual residence – Nationality)

Case C-512/17, HR (Place of habitual residence of the child — Infant)

Case C-497/10 PPU, Mercredi (Habitual residence’ of an infant - Concept of rights of custody)

Case C-581/20, TOTO (Provisional and protective measures)

Case C-551/15, Pula Parking (Notary - writ of execution based on an ‘authentic document’)

Case C-30/21, Nemzeti (recover a charge relating to the use of a toll road)

Case C-723/20, Galapagos BidCo., (Moving of the centre of a debtor’s main interests)

Case C-700/20, London Steam-Ship Owners (Arbitral award - Public policy)

Case 145/86, Hoffmann (Irreconcilable judgments – Divorce)

Case C-559/14, Meroni (Concept of ‘public policy’)

Case C-231/16, Merck (Meaning of ‘same cause of action’)

Case C-533/08, TNT Express (CMR Convention)

Case 29-76, Eurocontrol (Exercise of the powers of the public authority)

Case C-172/91, Sonntag (Civil matters)

Case 25/81, C.H.W. (rights in property arising out a matrimonial relationship)

Case C‑135/15, Nikiforidis (temporal scope of Rome I, mandatory rules)

 

Cases C‑359/14 and C‑475/14, ERGO Insurance (Definitions of ‘contractual obligations’ and ‘non-contractual obligations)