Informed Choices in Cross-Border Enforcement The European State of the Art and Future Perspectives

by von Hein, Jan; Kruger, Thalia

• ISBN13: 9781780689692
• ISBN10: 1780689691
• Edition: 1st
• Format: Hardcover
• Copyright: 2021-01-15
• Publisher: Intersentia

Summary

 

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 The work is based on an extensive evaluation of case law (more than 500 published and unpublished judgments), empirical data (150 interviews with practitioners) and literature from Belgium, France, Germany, Italy, Luxembourg, The Netherlands, Poland, Spain and the Court of Justice of the European Union.

Author Biography

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.