Max Planck Institute Luxembourg for Procedural Law

Project JUST/2014/JCOO/AG/CIVI/7729
With financial support from the Civil Justice
Programme of the European Union

EUFam's Project – International Exchange Seminar

Thursday, May 11 2017 – Friday, May 12, 2017

The EUFam's Project, funded by the European Commission, aims to identify difficulties faced by courts and practitioners, to develop uniform best practices and to formulate policy guidelines for future regulations and/or amendments to the current regulations. In that framework and with the purposes of sharing good practices and identifying common patterns to address the difficulties that are faced at national level, our Institute is organizing an International Exchange Seminar that will gather renowned experts on the 12th May 2017.

Thursday, May 11, 2017. 20.00 h
Welcoming dinner

Friday, May 12, 2017. 09.00 - 17.00 h
International Exchange Seminar

Venue: Max Planck Institute Luxembourg for Procedural Law, Conference room, 4th floor.
09.00 - 09.15 Welcoming words
(Professor Burkhard Hess, Professor Ilaria Viarengo, Professor Francesca Villata)
09.15 - 15.00 The main aspects related to Brussels IIa Regulation and Rome III according to the findings of the EUFam's Project - debate in light of the Commission's Proposal
09.15 - 10.30 Matrimonial matters
Panel: Professor Burkhard Hess (chair), Dr. Arantxa Gandía Sellens (short description of the problems), Professor Anatol Dutta (assessment of the Commission's Proposal)
Topics for discussion: scope of application (arts. 1 and 6), grounds of jurisdiction (art. 3), consolidation of proceedings, provisional measures, coordination among judges in jurisdictional issues, etc.
10.30 - 10.50 Coffee break
10.50 - 12.00 Relationship between jurisdiction and applicable law
Panel: Professor Fausto Pocar (chair), Ms. Céline Camara (short description of the problems), Professor Cristina González Beilfuss (assessment of the possible solutions)
Topics for discussion: the connecting factors for determining the competent court and the applicable law, the informed choice of law vs. the absence of choice of court, the influence of the applicable law in the forum shopping, the need for a referral to the chapter III of the 1996 Convention, etc.
12.00 - 15.00 Parental responsibility
Panel: Professor Nigel Lowe (chair), Dr. Arantxa Gandía Sellens (short description of the problems), Ms. Andrea Schulz –EU Commission– (explanation of the solutions of the Commission's Proposal)
Topics for discussion (Part I): the interplay between the judgments on custody and the judgments of non-return, the interaction with the 1996 Hague Convention, transfer of jurisdiction, the new “fast-track” system for enforcement, the hearing of the child, etc.
13.00 - 14.00 Lunch break
  Topics for discussion (Part II): provisional measures, unaccompanied minors, mediation for the child abduction cases, only one appeal allowed for the cases of child abduction, the concentration of courts for child abduction cases, the coordination among Central Authorities, etc.
15.00 - 16.30 The application of the Maintenance Regulation in practice (Regulation and Hague Protocol)

Panel: Professor Volker Lipp (Chair), Ms. Amandine Faucon Alonso (description of the problems), Dr. Lara Walker (introduction to the different instruments and assessment of the problems)
Topics for discussion: split of family matters between different regulations, jurisdictional grounds, the Hague Convention and Protocol, nature of obligations, exequatur, language and translation, right to apply for a review, Central Authorities, third States.
16.30 - 16.45 Concluding remarks
(Professor Marta Requejo Isidro)
16.45 Farewell coffee

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Contact person:
Martina Winkel; (+352) 26 94 88 923;