CONFLICT OF LAWS
BLOCK I: Intro
W 1: Introduction to Private International Law and Procedural Law
• Michael Bogdan & Marta Pertegás Sender, Concise Introduction to EU Private International Law
(Europa Law Publishing, 4th edition, 2019): Chapters 1 & 2;
• Louwrens R. Kiestra, “Chapter 2: Introduction to private international law”, in: L. Kiestra, The impact
of the European Convention on Human Rights on private international law, Asser Press: The Hague 2014,
p. 13-26
• Joachim Zekoll, “Comparative Civil Procedure”, Mathias Reimann and Reinhard Zimmermann (eds.),
The Oxford Handbook of Comparative Law, 2nd Edition, 2019, p. 1306-1338
BLOCK II: International Jurisdiction
W 2: International Jurisdiction: Introduction, Exclusive Jurisdiction and Choice of Court
• Michael Bogdan & Marta Pertegás Sender, Concise Introduction to EU Private International Law
(Europa Law Publishing, 4th edition, 2019): chapter 3;
• Paul Beaumont, ‘Hague Choice of Court Agreements Convention 2005. Background, Negotiations,
Analysis and Current Status’, Journal of Private International Law (5) 2009, p. 125-159;
• Matthias Weller, ‘Choice of Forum Agreements Under the Brussels I Recast and Under the Hague
Convention: Coherences and Clashes’, Journal of Private International Law, 13(2017)1, (available on
SSRN)
W 3: Special Consumer and General Rules of Jurisdiction
• Michael Bogdan & Marta Pertegás Sender, Concise Introduction to EU Private International Law
(Europa Law Publishing, 4th edition, 2019): Chapter 3;
• Vesna Lazić, ‘Procedural Justice for ‘Weaker Parties’ in Cross-Border Litigation under the EU
Regulatory Scheme’, Utrecht Law Review (10) 2014, p. 100-117;
• Christian Heinze and Björn Steinrötter, ‘The Revised Lis Pendens Rules in the Brussels Ibis
Regulation’, in Vesna Lazić and Steven Stuij, Brussels Ibis Regulation. Changes and Challenges of the
Renewed Procedural Scheme (Springer, 2017), p. 1-26.
W 4: Practical cases on Matters of Jurisdiction
• Michael Bogdan; Marta Pertegás Sender, Concise Introduction to EU Private International Law (Europa
Law Publishing, most recent edition): chapter 11;
NB: Textbook refers to the old Regulations on Service and Taking of Evidence. We are working
with the most up-to-date Regulations, that came out in 2020, a year after the textbook was
published. The information provided in the textbook is still relevant. Please use the
correspondence table provided in the Reader, to transpose the information in the textbook
to the current provisions.
• Eva Storskrubb, ‘Due Notice of Proceedings. Present and Future’, Uniform Law
Review (2) 2014;
,• R. Jansen, ‘Explaining the methods for taking evidence abroad within the EU and some
first observations on the proposal for the Evidence Regulation (recast)’, Nederlands
Internationaal Privaatrecht (4) 2019, p. 753-770
BLOCK 3: Ancillary Aspects of International Procedural Law
W 5: Other Aspects of International Procedural Law: Intro to Service of Documents and
Taking of Evidence
• Michael Bogdan; Marta Pertegás Sender, Concise Introduction to EU Private International Law (Europa
Law Publishing, most recent edition): chapter 11;
NB: Textbook refers to the old Regulations on Service and Taking of Evidence. We are working with the
most up-to-date Regulations, that came out in 2020, a year after the textbook was published. The
information provided in the textbook is still relevant. Please use the correspondence table provided in the
Reader, to transpose the information in the textbook to the current provisions.
• Eva Storskrubb, ‘Due Notice of Proceedings. Present and Future’, Uniform Law Review (2) 2014;
• R. Jansen, ‘Explaining the methods for taking evidence abroad within the EU and some first
observations on the proposal for the Evidence Regulation (recast)’, Nederlands Internationaal Privaatrecht
(4) 2019, p. 753-770
BLOCK IV: Recognition and Enforcement of Foreign Judgments
W 6: Recognition and Enforcement of Foreign Judgments
• Michael Bogdan & Marta Pertegás Sender, Concise Introduction to EU Private International Law
(Europa Law Publishing, 4th edition, 2019): Chapter 3;
• Xandra Kramer, ‘Cross-Border Enforcement and the Brussels I-bis Regulation. Towards a New Balance
between Mutual Trust and National Control over Fundamental Rights; Netherlands International Law
Revie (60) 2013, p. 343-373.
W 7: Practical Cases on Matters of Recognition and Enforcement
BLOCK V: Choice of Law
W 8: Choice of Law in International Contracts
• Michael Bogdan & Marta Pertegás Sender, Concise Introduction to EU Private
International Law (Europa Law Publishing, 4th edition, 2019): Chapter 7;
• Xanda Kramer, ‘The Interaction between Rome I and Mandatory EU Private Rules. EPIL
and EPL: Communicating Vessels?’, in Stone and Farah, Research Handbook on EU
Private International Law, Cheltenham, Edward Elgar, 2015, p. 248-284.
• Horatia Muir Watt, ‘“Party Autonomy” in international contracts: from the makings of
a myth to the requirements of global governance’, European Review of Contract Law
(6) 2010.
W 9: Applicable Law to International Contracts
,• Michael Bogdan & Marta Pertegás Sender, Concise Introduction to EU Private
International Law (Europa Law Publishing, 4th edition, 2019): Chapter 7;
• Laura Maria van Bochove, ‘Overriding Mandatory Rules as a Vehicle for Weaker Party
Protection in European Private International Law’, Erasmus Law Review (3) 2014;
• Zheng Sophia Tand, Chapter 5 ‘Protective Choice of Law in the European Union’, in
Electronic Consumer Contracts in the Conflict of Laws, 2nd Edition, Hart Publishing, 153-
176
W 10: Practical Cases on matters of Applicable Law to International Contracts
W 11: Applicable Law to International Torts
Mandatory Reading
• Michael Bogdan & Marta Pertegás Sender, Concise Introduction to EU Private
International Law (Europa Law Publishing, 4th edition, 2019): Chapter 8;
• Michael Hellner, ‘Choice of Law by the Parties in Rome II: Rationale pf the
Differentiation between Consumer and Commercial Contracts’, Oslo Law Review, 6(1),
2019, p. 67-71;
• Pascal de Vareilles-Sommières, ‘Rationale of the Exclusion of Choice of Law by the Parties in Articles
6(4) and 8(3) of Rome II Regulation’, Oslo Law Review, 6(1), 2019, p. 62-66;
• S. Neumann, ‘Intellectual Property Rights Infringements in European Private International Law.
Meeting the Requirements of Territoriality and Private International Law’, Journal of Private
International Law (7) 2009
Mandatory Law
• Rome II Regulation (EC) 864/2007 on the law applicable to non-contractual obligations;
• Brussels I Regulation (recast) (EU) 1215/2012 on jurisdiction and enforcement of judgment in civil and
commercial matters.
Mandatory Case Law
• ECJ 27-09-1988, C-189/87 [1988] 05565, Kalfelis;
• ECJ 17-06-1992 C-26/91, [1992] ECR I-03967, Handte;
• ECJ 17-11-2011, C-412/10, [2011] ECR I-11603, Homawoo/GMF Assurances;
• ECJ 10-12-2015, C-350/14, ECLI:EU:C:2015:802, Lazar/Allianz;
• ECJ 27-09-2017, C-24/16 and C-25/16, ECLI:EU:C:2017:724. Nintendo/BigBen.
W 12: Practical Cases on Applicable Law to International Torts
W 13: Exam Preparation
, Intro:
1. Assignment – Moot trial submissions: 30% of the final grade
• Work in groups of three (and only exceptionally in pairs) to submit a statement of claim or of defence to
a practical case dealing with Blocks 1-3. For COL, your submission (statement of claim or statement of
defence) will be evaluated on your private international law argumentation.
• There will be no oral session organised for the COL course. Further instructions on the Moot trial will
be posted in week 7 of the course in a dedicated Module in Canvas.
• For this assessment there is no resit opportunity. The grade you receive will count towards 30%
your final grade, regardless of whether the score is above or below 5,5. If you need to resit the written
exam, this assignment will no longer count towards your final grade (see further below).
2. Written Exam – 70% (minimum of 5,5)
• The written exam will be organised in TestVision and will cover matters from all blocks of the
course: jurisdiction, tortious liability, contractual liability, and recognition and enforcement.
However, the topics already tested by the assignment will not be included in the exam.
3. Resit Exam
• If you did not obtain a grade of minimum 5,5 in the Written Exam, you will have to register for the
Resit Exam. The Resit Exam will represent 100% of your final grade for the course. The Moot trial
submission will not be taken into account for the Resit Exam.
BLOCK I: Intro
W 1: Introduction to Private International Law and Procedural Law
• Michael Bogdan & Marta Pertegás Sender, Concise Introduction to EU Private International Law
(Europa Law Publishing, 4th edition, 2019): Chapters 1 & 2;
• Louwrens R. Kiestra, “Chapter 2: Introduction to private international law”, in: L. Kiestra, The impact
of the European Convention on Human Rights on private international law, Asser Press: The Hague 2014,
p. 13-26
• Joachim Zekoll, “Comparative Civil Procedure”, Mathias Reimann and Reinhard Zimmermann (eds.),
The Oxford Handbook of Comparative Law, 2nd Edition, 2019, p. 1306-1338
BLOCK II: International Jurisdiction
W 2: International Jurisdiction: Introduction, Exclusive Jurisdiction and Choice of Court
• Michael Bogdan & Marta Pertegás Sender, Concise Introduction to EU Private International Law
(Europa Law Publishing, 4th edition, 2019): chapter 3;
• Paul Beaumont, ‘Hague Choice of Court Agreements Convention 2005. Background, Negotiations,
Analysis and Current Status’, Journal of Private International Law (5) 2009, p. 125-159;
• Matthias Weller, ‘Choice of Forum Agreements Under the Brussels I Recast and Under the Hague
Convention: Coherences and Clashes’, Journal of Private International Law, 13(2017)1, (available on
SSRN)
W 3: Special Consumer and General Rules of Jurisdiction
• Michael Bogdan & Marta Pertegás Sender, Concise Introduction to EU Private International Law
(Europa Law Publishing, 4th edition, 2019): Chapter 3;
• Vesna Lazić, ‘Procedural Justice for ‘Weaker Parties’ in Cross-Border Litigation under the EU
Regulatory Scheme’, Utrecht Law Review (10) 2014, p. 100-117;
• Christian Heinze and Björn Steinrötter, ‘The Revised Lis Pendens Rules in the Brussels Ibis
Regulation’, in Vesna Lazić and Steven Stuij, Brussels Ibis Regulation. Changes and Challenges of the
Renewed Procedural Scheme (Springer, 2017), p. 1-26.
W 4: Practical cases on Matters of Jurisdiction
• Michael Bogdan; Marta Pertegás Sender, Concise Introduction to EU Private International Law (Europa
Law Publishing, most recent edition): chapter 11;
NB: Textbook refers to the old Regulations on Service and Taking of Evidence. We are working
with the most up-to-date Regulations, that came out in 2020, a year after the textbook was
published. The information provided in the textbook is still relevant. Please use the
correspondence table provided in the Reader, to transpose the information in the textbook
to the current provisions.
• Eva Storskrubb, ‘Due Notice of Proceedings. Present and Future’, Uniform Law
Review (2) 2014;
,• R. Jansen, ‘Explaining the methods for taking evidence abroad within the EU and some
first observations on the proposal for the Evidence Regulation (recast)’, Nederlands
Internationaal Privaatrecht (4) 2019, p. 753-770
BLOCK 3: Ancillary Aspects of International Procedural Law
W 5: Other Aspects of International Procedural Law: Intro to Service of Documents and
Taking of Evidence
• Michael Bogdan; Marta Pertegás Sender, Concise Introduction to EU Private International Law (Europa
Law Publishing, most recent edition): chapter 11;
NB: Textbook refers to the old Regulations on Service and Taking of Evidence. We are working with the
most up-to-date Regulations, that came out in 2020, a year after the textbook was published. The
information provided in the textbook is still relevant. Please use the correspondence table provided in the
Reader, to transpose the information in the textbook to the current provisions.
• Eva Storskrubb, ‘Due Notice of Proceedings. Present and Future’, Uniform Law Review (2) 2014;
• R. Jansen, ‘Explaining the methods for taking evidence abroad within the EU and some first
observations on the proposal for the Evidence Regulation (recast)’, Nederlands Internationaal Privaatrecht
(4) 2019, p. 753-770
BLOCK IV: Recognition and Enforcement of Foreign Judgments
W 6: Recognition and Enforcement of Foreign Judgments
• Michael Bogdan & Marta Pertegás Sender, Concise Introduction to EU Private International Law
(Europa Law Publishing, 4th edition, 2019): Chapter 3;
• Xandra Kramer, ‘Cross-Border Enforcement and the Brussels I-bis Regulation. Towards a New Balance
between Mutual Trust and National Control over Fundamental Rights; Netherlands International Law
Revie (60) 2013, p. 343-373.
W 7: Practical Cases on Matters of Recognition and Enforcement
BLOCK V: Choice of Law
W 8: Choice of Law in International Contracts
• Michael Bogdan & Marta Pertegás Sender, Concise Introduction to EU Private
International Law (Europa Law Publishing, 4th edition, 2019): Chapter 7;
• Xanda Kramer, ‘The Interaction between Rome I and Mandatory EU Private Rules. EPIL
and EPL: Communicating Vessels?’, in Stone and Farah, Research Handbook on EU
Private International Law, Cheltenham, Edward Elgar, 2015, p. 248-284.
• Horatia Muir Watt, ‘“Party Autonomy” in international contracts: from the makings of
a myth to the requirements of global governance’, European Review of Contract Law
(6) 2010.
W 9: Applicable Law to International Contracts
,• Michael Bogdan & Marta Pertegás Sender, Concise Introduction to EU Private
International Law (Europa Law Publishing, 4th edition, 2019): Chapter 7;
• Laura Maria van Bochove, ‘Overriding Mandatory Rules as a Vehicle for Weaker Party
Protection in European Private International Law’, Erasmus Law Review (3) 2014;
• Zheng Sophia Tand, Chapter 5 ‘Protective Choice of Law in the European Union’, in
Electronic Consumer Contracts in the Conflict of Laws, 2nd Edition, Hart Publishing, 153-
176
W 10: Practical Cases on matters of Applicable Law to International Contracts
W 11: Applicable Law to International Torts
Mandatory Reading
• Michael Bogdan & Marta Pertegás Sender, Concise Introduction to EU Private
International Law (Europa Law Publishing, 4th edition, 2019): Chapter 8;
• Michael Hellner, ‘Choice of Law by the Parties in Rome II: Rationale pf the
Differentiation between Consumer and Commercial Contracts’, Oslo Law Review, 6(1),
2019, p. 67-71;
• Pascal de Vareilles-Sommières, ‘Rationale of the Exclusion of Choice of Law by the Parties in Articles
6(4) and 8(3) of Rome II Regulation’, Oslo Law Review, 6(1), 2019, p. 62-66;
• S. Neumann, ‘Intellectual Property Rights Infringements in European Private International Law.
Meeting the Requirements of Territoriality and Private International Law’, Journal of Private
International Law (7) 2009
Mandatory Law
• Rome II Regulation (EC) 864/2007 on the law applicable to non-contractual obligations;
• Brussels I Regulation (recast) (EU) 1215/2012 on jurisdiction and enforcement of judgment in civil and
commercial matters.
Mandatory Case Law
• ECJ 27-09-1988, C-189/87 [1988] 05565, Kalfelis;
• ECJ 17-06-1992 C-26/91, [1992] ECR I-03967, Handte;
• ECJ 17-11-2011, C-412/10, [2011] ECR I-11603, Homawoo/GMF Assurances;
• ECJ 10-12-2015, C-350/14, ECLI:EU:C:2015:802, Lazar/Allianz;
• ECJ 27-09-2017, C-24/16 and C-25/16, ECLI:EU:C:2017:724. Nintendo/BigBen.
W 12: Practical Cases on Applicable Law to International Torts
W 13: Exam Preparation
, Intro:
1. Assignment – Moot trial submissions: 30% of the final grade
• Work in groups of three (and only exceptionally in pairs) to submit a statement of claim or of defence to
a practical case dealing with Blocks 1-3. For COL, your submission (statement of claim or statement of
defence) will be evaluated on your private international law argumentation.
• There will be no oral session organised for the COL course. Further instructions on the Moot trial will
be posted in week 7 of the course in a dedicated Module in Canvas.
• For this assessment there is no resit opportunity. The grade you receive will count towards 30%
your final grade, regardless of whether the score is above or below 5,5. If you need to resit the written
exam, this assignment will no longer count towards your final grade (see further below).
2. Written Exam – 70% (minimum of 5,5)
• The written exam will be organised in TestVision and will cover matters from all blocks of the
course: jurisdiction, tortious liability, contractual liability, and recognition and enforcement.
However, the topics already tested by the assignment will not be included in the exam.
3. Resit Exam
• If you did not obtain a grade of minimum 5,5 in the Written Exam, you will have to register for the
Resit Exam. The Resit Exam will represent 100% of your final grade for the course. The Moot trial
submission will not be taken into account for the Resit Exam.
