ABSTRACT

This chapter presents some important developments in the legislative field (I) and in the case law of the European Court of Justice (II) relating to private international law since 2004 deserve. It examines five developments. These include: the Regulation European Commission (EC) 805/2004 on the European enforcement order for uncontested claims; the Commission proposal for a Regulation creating a European order for payment procedure; and the Commission proposal for a Regulation establishing a European small claims procedure. These also include: the Commission proposal for a Regulation on the law applicable to non-contractual obligations; and the Commission proposal for a Directive on certain aspects of mediation in civil and commercial matters. The purpose of Regulation EC 805/2004 is to create European Enforcement Order for uncontested claims to allow free circulation of judgments, court settlements and authentic instruments throughout the Member States without any intermediate proceedings needing to be brought in the Member State of enforcement prior to recognition and enforcement.