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Cases and Materıals On The EU Prıvate Internatıonal Law
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Cases and Materıals On The EU Prıvate Internatıonal Law
Nuray EKŞİ
Sayfa Sayısı
:
320
Kitap Ölçüleri
:
21x18 cm
Basım Yılı
:
2006
ISBN NO
:
9944941212
304,00
TL PREFACE This volume presents a compilation of the most important legal sources and materials from the law of the European Union in the fields of International Private Law and International Civil Procedure. The level of significance that institutions of the European Union attach to harmonising provisions for the conflict of law is demonstrated quite impressively simply by the number of relevant legal norms that already exist or are being prepared. The conse-quences for legal practice have been brought home by numerous court rulings, a number of which are presented in the second part of this work. There are two reasons why this book comes as an especially welcome signal. Firstly, it was prepared by an editör from Turkey and thus reflects the great growth of interest in EU legislation which is already taking place in Turkey as it moves closer to the EU. A second wonderful aspect about the book is that it has been edited by Prof. Dr. Nuray Ekşi, whom I have known now for many years and whom I hold to be one of the outstanding legal scholars of her country′s younger generation. With her work, Nuray Ekşi represents the in-creasing number of academics at Turkish law faculties for vvhom expertise on the la w of the European Union is a matter of course. I am convinced that this book will be of great value to ali students and practicing lavvyers who are looking for a cogent, straightforward guide to legal sources and materials from EU law in the fields of International Private Lavv and International Civil Procedure. Univ.- Prof. Dr. Martin Schauer Universitât Wien Rechtsvvissenschaftliche Fakultât Institute für Zivilrecht CONTENTS PREFACE III ABBREVIATIONS VII PART ONE THE EU LEGISLATION ON PRIVATE INTERNATIONAL LAW I. TYPES OF INSTRUMENTS İN THE EU PRIVATE INTERNATIONAL LAW 3 1. Conventions 3 2. Regulations 3 3. Directives 4 4. Basic Provisions of the Amsterdam Treaty Common to the Regulations and Directives 4 II. THE EU LEGISLATION ON CONFLICT OF LAWS 5 1. Rome Convention on the Law Applicable to Contractual Obligations 5 2. Proposal for a Regulation of the European Parliament and the Council on the Law Applicable to Non-Contractual Obligations ("Rome II") 21 III. THE EU LEGISLATION ON INTERNATIONAL CIVIL PROCEDURAL LAW 34 1. Council Regulation (EC) No 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters 34 2. Council Regulation (EC) No 2201/2003 of 27 November 2003 Concerning Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and the Matters of Parental Responsibility, Repealing Regulation (EC) No 1347/2000 69 3. Council Regulation (EC) No 1348/2000 on the Service in the Member States of Judicial and Extrajudicial Documents in Civil and Commercial Matters 113 4. Council Regulation (EC) No 1206/2001 on Cooperation betvveen the Courts of the Member States in the Taking Evidence in Civil and Commercial Matters 131 VI 5. Council Regulation (EC) No 1346/2001 on Insolvency Proceedings 158 6. Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 Creating A European Enforcement Order for Uncontested Claims 187 7. Council Directive 2002/8/EC of 27 January 2003 to Improve Access to Justice in Cross-Border Disputes By Establishing Minimum Common Rules Relating to Legal Aid for Such Disputes 215 PART TWO JUDGMENTS OF THE COURT OF JUSTİCE I. Case C-555/03 Magali Warbecq v Ryanair Ltd. Order of the Court (Fourth Chamber) of 10 June 2004 Reference for a preliminary ruling: Tribunal du travail de Charleroi-Belgium Regulation (EC) No 44/2000 on Jurisdiction in civil and commercial matters 231 II. Case C-443/03 Götz Leffler v Berlin Chemie AG Judgment of the Court (Grand Chamber) of 8 November 2005 Reference for a preliminary ruling: The Hoge Raad-Netherlands Regulation (EC) No 1348/2000 on Service of judicial and extrajudicial documents 258 III. Case C-341/04 Eurofood IFSC Ltd. Opinion of Advocate General Jacobs delivered on 27 September 2005 Reference for a preliminary ruling: the Supreme Court of Ireland Regulation (EC) No 1346/2001 on Insolvency Proceedings 275 IV. Case C-473/04 Plumex v Young Sports NV Judgment of the Court (Third Chamber) 9 February 2006 Reference for a preliminary ruling: The Hof van Cassatie-Belgium Regulation (EC) No 1348/2000 on Service of judicial and extrajudicial documents 307 V. Case C-l/04 Susanne Staubitz-Schreiber Judgment of the Court (Grand Chamber) of 17 January 2006 Reference for a preliminary ruling: The Bundesgerichtshof-Germany Regulation (EC) No 1346/2000 on Insolvency proceedings 313 READING MATERIALS VVRITTEN BY THE AUTHOR RELATİNG TO THE EU PRIVATE INTERNATIONAL LAW 321
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