EU Private International Law in Family Matters : Legislation and CJEU Case Law

Few commentaries on EU private international law (PIL) in family and succession matters are currently available on the market and these are usually devoted to specific regulation(s), offering a full overview of both the CJEU case law and the literature concerning the given legal instrument(s).

Unlike these commentaries, EU Private International Law in Family Matters: Legislation and CJEU Case Law collects all the relevant instruments in the field of EU private international law in family matters (the Brussels II-ter Regulation, the Brussels II-bis Regulation, the Maintenance Regulation, the Rome III Regulation, the Succession Regulation, the twin Regulations on property regimes and three international conventions: the 1980 Hague Convention on international child abduction, the 1996 Hague Convention on measures for the protection of children and the 2007 Hague Protocol on maintenance) and complements the legal texts with referencing all decisions issued by the CJEU on these Regulations (currently more than 70). Decisions are not published in their entirety, nor are they limited to the official operative part of the decision. Distinctively and importantly, each and all of the many passages and/or obiter dicta that are disseminated through the decisions have been considered, sorted out and reported in a concise and clear synopsis which has been inserted as a footnote to each relevant part of the applicable rule or Article. This makes the volume a user-friendly, yet complete and accurate, tool for both practitioners and academics who need to keep track of the overwhelming EU case law in cross-border family matters.

This volume provides a brief yet complete guide to approach and understand the functioning of all EU PIL Regulations in family matters as interpreted by the CJEU, thus proving to be a useful tool for the audience of legal practitioners, lawyers, judges and academics to which it is targeted.

COSTANZA HONORATI is a Professor of European Union Law at the Milano-Bicocca University, School of Law, where she also holds the chair of EU Private International Law. She has been Co-ordinator of the PhD Program in European Union Law since 2017, and was the Head of the PhD School (2009-2013). She was a member of the Expert Group assisting the EU Commission on the Recast of Brussels II-bis Regulation (2015) and Chair of the EJN Working Group on a Guide to the Maintenance Regulation (ongoing). She was Visiting Scholar, Yale Law School, New Haven, CA (USA) (2014); Visiting Professor Würzburg, Germany (1997) and Research Scholar Max-Planck-Institut Hamburg, Germany (1993, 1991). She is also a member of the Editorial Board of “Rivista di diritto internazionale privato e processuale” and Special Editor for PIL of “European Papers”.

MARIA CATERINA BARUFFI holds a Ph.D. (University of Bologna, 1998) and a specialisation (University of Milan, 1999) in EU Law. She is a Full Professor of International Law at the University of Bergamo, Law Department, where she teaches International Law and Private International Law. She was Visiting Professor and Scholar-in-Residence at New York University, School of Law (2008, 2009, 2011, 2015). She was a member of the EU Commission’s Expert Group on the Recast of Brussels II bis Regulation (2015); the EJN Working Group on a practice guide to the Maintenance Regulation (ongoing) and the EU Commission’s Expert Group on the recognition of parenthood between Member States (ongoing). She is a member of the scientific committee of the journal “Rivista di diritto internazionale privato e processuale”; editor of the e-journal “Papers di diritto europeo” and co-editor of the journal “Famiglia e Diritto”.