Informed Choices in Cross-Border Enforcement
The European State of the Art and Future Perspectives
How to choose the most beneficial enforcement regime for cross-border claims of a client? A question considerably complicated by (1) the existence of various European Union enforcement tools and (2) particularities in the national legal systems that impact on the operation and suitability of the various enforcement tools.
This book compares and analyses the practical utility and potential pitfalls of the 2nd generation regulations (European Enforcement Order, European Order for Payment, European Small Claims Procedure and European Account Preservation Order) and their relation to Brussels Ibis. Further, it analyses whether and to what extent all of the 2nd generation EU regulations prove their worth in the cross-border enforcement of claims, and which measures can be recommended for their practical improvement and for achieving greater consistency in European enforcement law.
The work is based on an extensive evaluation of case law (more than 500 published and unpublished judgments), empirical data (150 interviews with practitioners) and literature from eight Member States (Belgium, France, Germany, Italy, Luxembourg, The Netherlands, Poland, Spain) and the Court of Justice of the European Union. It provides an extensive and up-to-date picture of the cross-border enforcement of claims across Europe and is an important resource for academics and practitioners alike.
With contributions from Elena D'Alessandro (University of Torino), Samia Benaissa Pedriza (Complutense University, Madrid), Gilles Cuniberti (University of Luxembourg), Veerle Van Den Eeckhout (Max-Planck-Institute Luxembourg), Agnieszka Frąckowiak-Adamska (University of Wrocław), Jonathan Fitchen (University of Aberdeen), Fernando Gascón Inchausti (Complutense University, Madrid), Valeria Giugliano (University of Milan), Agnieszka Guzewicz (University of Wrocław), Jan von Hein (University of Freiburg), Burkhard Hess (Max Planck Institute Luxembourg), Stefan Huber (University of Tübingen), Tilman Imm (University of Freiburg), Xandra Kramer (University of Rotterdam), Thalia Kruger (University of Antwerp), Agnieszka Lewestam-Rodziewicz (University of Wrocław), Gerald Mäsch (University of Münster), Johan Meeusen (University of Antwerp), Gabriele Molinaro (University of Milan), Elena Alina Onţanu (University of Rotterdam), Carmen Otero García-Castrillón (Complutense University, Madrid), Fieke van Overbeeke (University of Antwerp), Max Peiffer (AssmannPeiffer Lawyers, Munich), Lidia Sandrini (University of Milan), Carlos Santaló Goris (Max-Planck-Institute Luxembourg), Bernhard Ulrici (University of Leipzig), Francesca Villata (University of Milan), Denise Wiedemann (Max-Planck-Institute Hamburg).
PROF. DR. JAN VON HEIN is a Director at the Institute for Comparative and Private International Law at the University of Freiburg, Germany. He is the chairman of the Second Commission of the German Council for Private International Law, a member of the Board of the International Law Association’s German branch and an associate member of the International Academy of Comparative Law. He is the author of numerous books and articles on private international and comparative law which have been honoured by the Max Planck Society and the German Stock Corporation Institute.
PROF. DR. THALIA KRUGER is a Professor of private international law at the University of Antwerp, Belgium, where she teaches private international law, international family law, international commercial transactions and international civil procedure. She regularly visits the University of Cape Town, South Africa, to teach international commercial transactions. She is a general editor of conflictoflaws.net and member of the editorial boards of the (Tijdschrift voor Internationaal Privaatrecht) and the (DCCR: Consumentenrecht). She has published extensively in the fields of international procedure and private international law.
|Type of product||Book|
|EAN / ISSN||9781780689692 / 9781839701306|
|Number of pages||xxxii + 592 p.|
|Access to exercice||No|
|Publication Date||Jan 15, 2021|
|Available on Jurisquare||No|
|Available on Strada Belgique||No|
|Available on Strada Europe||No|
|Available on Strada Luxembourg||No|
- Table of Contents and Preliminary Pages
- PART I. Introduction
- Introduction: Practical Challenges and Research Aims
- PART II. The Legal Bases for Cross-Border Enforcement in the EU
- New Enforcement Regime under the Brussels Ibis Regulation: Does the Paradigm Shift Help Judgment Creditors?
- European Enforcement Order
- The European Order for Payment Procedure
- The Reform of the European Small Claims Procedure: Foreign Body or Puzzle Piece within the System of European Civil Procedure?
- The European Account Preservation Order
- PART III. Empirical Data and Analysis
- The Court of Justice of the European Union
- The Netherlands
- PART IV. Future Perspectives
- Towards a More Coherent EU Framework for the Cross-Border Enforcement of Civil Claims
- Making Cross-Border Enforcement More Effective for Creditors
- Ensuring Adequate Protection in Cross-Border Enforcement for Debtors, Especially Consumers
- Third State Relations and Cross-Border Enforcement after Brexit
- Technological Progress and Alternatives to the Cross-Border Enforcement of Small Claims
- Improving Access to Information in European Civil Justice: A Mission (Im)Possible?
- PART V. Conclusions and Recommendations
- Conclusions and Recommendations