The 2022 EAPIL Aarhus Conference will bring together academics and practitioners from all over Europe and provide a unique opportunity to discuss and consider European Private International Law in a pan-European fashion.
It will focus on current and future challenges of European Private International law in a broad sense. Topics to be discussed will include the effects and the challenges of digitalisation, the problems of fragmentation as well as other challenges European Private International Law is currently facing.
The conference will kick-off on Thursday, 2 June 2022, with a keynote speech by Peter Arnt Nielsen (Copenhagen Business School, Denmark). He will provide an overview of the current state of European Private International Law and highlight issues and challenges, presumably also focusing on Denmark’s special role in the unification of European Private International Law.
The keynote speech will be followed by two reports from Brussels and Luxembourg. Andreas Stein (Head of Unit, European Commission, Brussels) and Maciej Szpunar (Advocate General, Court of Justice of the European Union, Luxembourg) will put into perspective the topics to be discussed during the conference and provide insights into current developments at the legislative and the judicial level (legislative projects, reform projects, evaluation projects, pending cases).
Registration and coffee
Keynote speech - Speaker: Peter Arnt Nielsen (DK)
Reports from Brussels and Luxemburg
The conference itself will start on Friday, 3 June 2022. It will be divided into three blocks and consist of ten presentations of 30 minutes to be given by speakers from nine different countries (Austria, Belgium, France, Germany, Greece, Luxembourg, the Netherlands, Spain, Switzerland).
The first block will focus on digitalisation in European Private International Law. Traditionally, Private International Law rules link cross-border cases to national legal systems by connecting factors which often contain a territorial element in the 'analogous world', such as habitual residence of the parties, the location of a tort or the celebration of a contract, the place where the subject-matter of a transaction is located, the headquarters of a company, etc. Digitalisation, however, may call these connecting factors into question and trigger the need to develop a truly transnational regime for digital transactions. With the help of four presentations, the first block will shed light on the implications of digitalisation for European Private International Law.
In the first presentation Marie-Élodie Ancel (University Paris II Panthéon-Assas, France) will look into the law applicable to digital platforms and intermediaries and discuss whether European Private International Law as it currently stands provides a good framework for social media (and other) platforms such as Facebook, Instagram, Twitter, Amazon, Uber or Airbnb. In the second presentation, Matthias Lehmann (University of Vienna, Austria) will shed light on the same question with regard to contracts concluded or performed via decentralised networks of computers (blockchains). The third presentation, to be given by Burcu Yüksel Ripley, will look into the law applicable to (digital) transfer of digital assets, notably the transfer of cryptocurrencies via blockchains. The fourth presentation, prepared by Burkhard Hess(Max Planck Institute Luxembourg), will analyse potential gains and possible dangers associated with the use of digital tools in cross-border litigation.
The second block will take place on Friday afternoon and deal with the phenomenon of fragmentation in European Private International Law. It will feature two presentations that will pay tribute to the fact that European Private International Law is still governed by a mix of legal instruments (European regulations, European directives, international treaties, national codifications).
The first presentation will be given by Francisco Garcimartín-Alférez (Universidad Autonoma de Madrid, Spain). He will analyse the problems associated with the co-existence of choice of law rules in general European Regulations and sector-specific European Directives, primarily in the area of financial law, and address the question of whether such choice of law rules in sector-specific Directives should be repealed.
The second presentation will be prepared by Thalia Kruger (University of Antwerp, Belgium). She will focus on fragmentation in family and succession matters and will deal with the complex relationship of European regulations and international treaties.
Digitalisation and European Private International Law
Platforms and intermediaries
Speaker: Marie-Élodie Ancel (FR)
Blockchains and smart contracts
Speaker: Matthias Lehmann (DE)
(Digital) transfer of digital assets
Speaker: Burcu Yüksel Ripley (UK)
(Digital) resolution of cross-border disputes
Speaker: Burkhard Hess (LUX)
Fragmentation of European Private International Law
Fragmentation in civil and commercial matters
Fragmentation in family and succession matters
The third block will take place on Saturday 29 May 2021 and focus on other – particularly pressing – challenges which European Private International Law is currently faced with: Gian Paolo Romano (University of Geneva, Switzerland) will discuss parental responsibility in cross-border cases and analyse issues of the current framework. Ralf Michaels (Max Planck Institute, Hamburg) will analyse the role of religious laws in international family law. Marta Pertegás Sender (University of Maastricht, the Netherlands) will deal with international property law and territoriality, notably the relationship of the lex rei sitae principle, matrimonial property and succession law. Finally, Haris Pamboukis (University of Athens, Greece) will shed light on first experiences with the Succession Regulation and discuss whether there is a need for clarification and/or further reforms.
Future Challenges for European Private International Law
Parental responsibility in cross-border cases
Speaker: Gian Paolo Romano (IT/CH)
Religious laws and international family law
Speaker: Ralf Michaels (DE)
International property law – the lex rei sitae principle in relation to matrimonial property and succession law
Current challenges in international succession law
End of conference