Why do we need uniform private international
law in Europe? The emergence of EU PIL
Lecture 1
Dr. NAGY, Csongor István, LL.M., Ph.D., S.J.D.
associate professor of law
University of Szeged (Hungary)
1. PIL matters in the absence of uniform rules
The story of the Dutch-Hungarian couple
 A Dutch groom and a Hungarian bride envisage marrying in Hungary.
 After the conclusion of the marriage, they want to settle in Hungary but
they may move to the Netherlands afterwards.
 The Hungarian bride has considerable property (several real estates) in
Hungary. The Dutch groom has no property at all.
 The bride is concerned that she would loose half her ownership over
the real estates due to the marriage.
 Hungarian law follows the community of gains system.
 Dutch law follows the universal (full) community of property system.
 Which law would govern matrimonial property?
 I promise to be true to you in good times and in bad, in sickness and in
health. I will love you and honour you all the days of my life. ...By the
way: where shall we divorce?
If the proceeding is launched in Hungary…
 The law applicable is
 the common personal law of the spouses at the time of
adjudication, failing this,
 the last common personal law, failing this,
 the place of the spouses’ last common place of living, failing this,
 the lex fori (Hungarian law).
 There is no party autonomy
If the proceeding is launched in the Netherlands…
 Convention of 14 March 1978 on the Law Applicable to Matrimonial
Property Regimes (France, Luxembourg, the Netherlands)
 Party autonomy (nationality/habitual residence of one of the spouses)
 In the absence of the parties’ choice:
 first habitual residence,
 common nationality in certain cases,
 closest connection.
2. EU competences
EU competences to adopt PIL legislation
 Before the Treaty of Amsterdam the EU had no general competence to
adopt PIL rules
 The Treaty of Amsterdam (1997/1999) authorized to EU to adopt PIL
legislation
 ‘Reservations’: UK/Ireland; Denmark
 Before the Treaty of Amsterdam MSs adopted closed multilateral
treaties:
 1968 Brussels Convention on jurisdiction and
recognition/enforcement in civil and commercial matters
 1980 Rome Convention on the law applicable to contractual
obligations
 Both conventions empowered the ECJ to interpret their provisions
through preliminary rulings.
3. Fields and sources of EU PIL
Most important pieces of legislation (1)
 Regulation 44/2001 on jurisdiction and the recognition and enforcement
of judgments in civil and commercial matters (Brussels I Regulation);
 Regulation 1346/2000 on insolvency proceedings (Insolvency
Regulation).
 Regulation 2201/2003 on jurisdiction and the recognition and
enforcement of judgments in matrimonial matters and the matters of
parental responsibility (Brussels II Regulation);
 Regulation 4/2009 on jurisdiction, applicable law, recognition and
enforcement of decisions and cooperation in matters relating to
maintenance obligations (Maintenance Regulation)
Most important pieces of legislation (2)
 Regulation 593/2008 on the law applicable to contractual obligations
(Rome I Regulation)
 Regulation 864/2007 on the law applicable to non-contractual
obligations (Rome II Regulation)
 Regulation 1259/2010 of 20 December 2010 implementing enhanced
cooperation in the area of the law applicable to divorce and legal
separation (Rome III Regulation)
Some general features of application
 Jurisdictional rules of Brussels I and Brussels II Regulation
 only if the defendant is ‘from the EU’ (place of living/seat- Brussels
I; place of living/nationality – Brussels II).
 Recognition/enforcement:
 if the judgment was rendered by a MS court.
 Conflict rules:
 universal application.
Legislation under preparation
 Proposal for a COUNCIL REGULATION on jurisdiction, applicable law
and the recognition and enforcement of decisions in matters of
matrimonial property regimes {COM(2011) 125 final}
 Proposal for a COUNCIL REGULATION on jurisdiction, applicable law
and the recognition and enforcement of decisions regarding the
property consequences of registered partnerships {COM(2011) 125
final}
 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL on jurisdiction, applicable law, recognition and
enforcement of decisions and authentic instruments in matters of
succession and the creation of a European Certificate of Succession
{SEC(2009) 410}
4. The term ‘private international law’
How much? 30! What is 30? What is how much?
 Austrian and German law: strict conceptual delimitation between
private international law (in German: ‘internationales Privatrecht’) and
international procedural law (in German: ‘internationales
Zivilprozessrecht’)
 English, French and US law: these fields (conflict rules, on the one
hand, and jurisdiction, as well as recognition and enforcement, on the
other) are normally dealt with jointly.
 EU terminology: broad grasp of PIL
Thank You for your attention!
Dr. NAGY, Csongor István
associate professor of law
University of Szeged
E-mail: nagycs@juris.u-szeged.hu