European Private International Family Law The Brussels IIb Regulation

European Private International Family Law provides a comprehensive examination of the new Brussels IIb Regulation (Regulation 2019/1111). This regulation replaces the Brussels IIa Regulation, which has been the cornerstone of European private international family law since August 2004, and is applicable from 1 August 2022.

In this volume, Michael Wilderspin provides a subject-by-subject, article by article commentary, which analyses in detail every provision of the new regulation. This analysis covers key topics including jurisdiction, the recognition and enforcement of decisions in matrimonial matters, matters of parental responsibility, and international child abduction. Michael Wilderspin also examines relevant cases from the European Courts of Justice and national courts, and the principles derived from them. Furthermore, this book explores the difficulties and complications that can arise between this regulation and other international instruments, such as the Hague Child Protection Convention 1996. The commentary also offers practical assistance on how properly to apply the new regulation and highlights where it has changed in relation to the previous one.

Michael Wilderspin, Former Legal Adviser to the European Commission,

Michael Wilderspin is a former legal adviser to the European Commission (2002-2021) with special responsibility for private international law since 2008. He has been involved with the Brussels IIa Regulation since its entry into force in 2004 and handled numerous cases on the regulation referred to the European Court on behalf of the Commission. He was also involved in preparing the new version of the Regulation, Brussels IIa. Michael Wilderspin also served as a lecturer at Durham University, Université Panthéon-Assas Paris II, and Université Catholique de Louvain, and was Visiting Professor at the Université Lyon-III. His former publications include The European Private International Law of Obligations (5th edition, 2019), co-edited with Sir Richard Plender.

Part I Introduction
1. Context and Origins of Regulation No. 2019/1111
Part II Connecting Factors, Scope, and Definitions
2. The Main Connecting Factors of the Regulation
3. Scope of the Regulation and Definitions
Part III Jurisdiction - Chapter II of the Regulation
4. Jurisdiction in Matrimonial Matters
5. Jurisdiction in Matters of Parental Responsibility
6. Jurisdiction: Common Provisions
Part IV International Child Abduction - Chapter III of the Regulation
7. International Child Abduction: Chapter III of the Regulation
Part V Recognition and Enforcement - Chapter IV of the Regulation
8. Recognition, Enforceability, and Enforcement of Decisions
Part VI Cooperation Through Central Authorities in the Area of Parental Responsibility and General Provisions
9. Central Authorities
10. General and Final Provisions
Part VII Relationship with Other Instruments in the Area of Family Law
11. Relationship with Other EU Regulations
12. Relations with Other International Instruments