unalex.eu

University of Konstanz

Prof. Rainer Hausmann

University of Konstanz (DE)
Université de Bourgogne, CREDIMI (FR)
University of Barcelona (ES)
University of Innsbruck (AT)
University of Prague (CZ)
University of Vilnius (LT)

Prof. Alegria Borrás, Departemento de Derecho y Economía internacionales Facultad de Derecho Universidad de Barcelona, Basic Author Language Author (Spanish)
Prof. Aleš Galič, University of Ljubljana Faculty of Law, Basic Author Translator (Slovenian)
Prof. Dr. Andreas Schwartze, Universität Innsbruck Institut für Zivilgerichtliches Verfahren, Basic Author Language Author (German)
Prof. Benjamin Rémy, Faculté de Droit et des Sciences sociales Université de Poitiers, Language Author (French)
Maître de Conférences Carine Brière, Université de Rouen, Language Author (French)
Ms. Carmen Schauberger, IPR Verlag GmbH, Translator (German)
Maître de Conférences Christelle Chalas, Université Paris VIII (Vincennes-Saint-Denis), Language Author (French)
Prof. Dr. Christoph Althammer, Universität Konstanz, Basic Author Language Author (German)
Mr. Christoph Spegele, Universität Konstanz, Assistant Prof. Hausmann, Translator (German)
Prof. Dimitrios Tsikrikas, University of Athens, Faculty of Law Institute of Procedural Studies, Basic Author (English/German)
Prof. Édouard Treppoz, Université Jean Moulin Lyon 3, Language Author (French)
Prof. Fabienne Jault-Seseke, Université de Rouen, Language Author (French)
Dr. Francesca Ragno, University of Verona, Basic Author (Italian), Language Author (Italian)
Dr. Francesco Pesce, Department “G.L.M. Casaregi” Faculty of Law University of Genoa, Language Author (Italian)
Prof. Franco Ferrari, University of Verona, Basic Author (Italian)
Dr. Gabór Palásti, ELTE - Eötvös Lóránd University Faculty of Law, Translator (Hungarian)
Ms. Gaia Mongio-Erdelbrock, IPR Verlag GmbH, Assistant Prof. Hausmann, Translator (Italian)
Dr. Georgina Garriga-Suau, Departemento de Derecho y Economía internacionales Facultad de Derecho Universidad de Barcelona, Assistant Prof. Borras, Translator (Spanish)
Prof. Ilaria Queirolo, Department “G.L.M. Casaregi” Faculty of Law University of Genoa Basic Author, Language Author (Italian)
Dr. Jan-Ger Knot, Universität Groningen Fakultät der Rechtswissenschaft, Basic Author Language Author (Dutch)
Dr. Laura Carpaneto, Department “G.L.M. Casaregi” Faculty of Law University of Genoa, Language Author (Italian)
Dr. Maria Alvarez, Departemento de Derecho y Economía internacionales Facultad de Derecho Universidad de Barcelona, Translator (Spanish)
Dr. Maria Elena De Maestri, Department “G.L.M. Casaregi” Faculty of Law University of Genoa, Language Author (Italian)
Maître de Conférences Maria Fernet, Dijon, Lawyer, Language Author (French)
Dr. Markus Würdinger, Akademischer Rat a.Z. Universität Regensburg, Basic Author (German), Language Author (German)
Dr. Matthias Weller, Institut für internationales und ausländisches Privat- und Wirtschaftsrecht der Universität Heidelberg, Language Author (German)
Prof. Matthijs H. ten Wolde, Universität Groningen Fakultät der Rechtswissenschaft, Basic Author Language Author (Dutch)
Prof. Miguel Teixeira de Sousa, Cidade Universitária, Basic Author
Prof. Monika Pauknerová, Faculty of Law Charles University Prague Department of Commercial Law, Translator (Czech)
Ms. Monique Stengel Paris, Lawyer, Language Author (French)
Dr. Natalie Joubert, Université de Bourgogne CREDIMI, Basic Author, Language Author (French)
Prof. Olivera Boskovic, Université d'Orléans, Language Author (French)
Maître de Conférences Paola Nabet, Université de Bourgogne CREDIMI, Language Author (French)
Prof. Dr. Peter Mayr, Universität Innsbruck Institut für Zivilgerichtliches Verfahren, Basic Author Language Author (German)
Prof. Pierre Berlioz, Université de Reims UFR de Droit et de Sciences Politiques, Language Author (French)
Prof. Pierre Callé, Université de Caen, Language Author (French)
Prof. Dr. Rainer Hausmann, Universität Konstanz, Basic Author, Language Author (German)
Prof. Sabine Corneloup, Université de Bourgogne CREDIMI, Basic Author Language Author (French)
Prof. Sandrine Clavel, Professeur à l'Université de Versailles-Saint Quentin Faculté de Droit et Science Politique, Language Author (French)
Ms. Sarah Gruner, IPR Verlag GmbH München, Translator (French)
Ms. Sibylle Calabresi-Scholz, Lawyer, IPR Verlag GmbH München, Translator (German)
Mr. Thomas Carney, IPR Verlag GmbH München, Translator (English)
Dr. Thomas Simons, IPR Verlag GmbH München, Basic Author (German)
Prof. Valentinas Mikelenas, Vilnius University of Law Department of Civil Law and Civil Procedure, Did not participate to the project

12.02.2008 – 12.12.2010

Universität Konstanz

Universitätstrasse 10

DE-78464 Konstanz

Tel. +49 7531 88 2416

Fax. +49 7531 88

Preparation of the European Commentary (Basic version and language editions)
1. The objective of the project has been the development of a sound methodology and of the necessary technical and de facto conditions which are needed for the development of the European Commentary as a publication of an overall European nature. These conditions involved:
  - the development of a method for the consideration of the case law and of the legal discussion at an overall European level;
  - the development of a method for the consideration of the legal literature which so far is in its greatest part produced in the context of “national” discussions which are being conducted in each Member State with only most selective consideration of the specialised discussion in other European jurisdictions;
  - the coordination of researchers from many different European jurisdictions in a large publication project who in a structured cooperation take responsibility for comments on certain articles of Regulation Brussels I with the objective of developing a congenial “European” text which will be suitable for the information habits of legal readers from different European jurisdictions;
  - the coordination of researchers upon the creation of a multilingual piece of European information, who will contribute their texts in different functions and different languages, as “basic authors” for the preparation of the Commentary’s “basic version”, and as “language authors” who will be responsible for the preparation of the Commentary’s individual “language versions”.
2. The project has been carried out by a group of experts from a large number of EU Member States who are all qualified experts in the field of Regulation Brussels I. Most of them are holders of a chair in private international law in the universities which are partners to the project. The objective of the project has been to merge their specific experience in a joint project of European research, in which they contribute each their special expertise, although under a joint coordination which is functional to the development of a piece of European legal literature.
3. The project was open also to outstanding researchers in the subject area of Regulation Brussels I who wished to join it, even if not belonging to one of the universities that participate to the project.
4. The European Commentary project has been closely related to the work of the selection and preparation of the Brussels I case law, which is being carried out by IPR Verlag for the Commission under the contract regarding the preparation and feeding of cases for the JURE database (service contract JLS/2007/C4/001 and follow-up contracts). Many researchers who participated in the European Commentary project also cooperate on the collection and preparation of the cases for JURE. The European Commentary is based on the systematic analysis of the collected case law for the creation of a systematic scientific comment on the Brussels I Regulation.
5. IPR Verlag had prepared and maintained the project website to which all participants in the European Commentary project were given free access. The website did not simply serve for the exchange of information between the project partners and the authors on the development of the project. Rather, IPR Verlag has developed technical conditions which allowed for the coordination and joint administration of multilingual information over the internet (“unalex workshop”). IPR Verlag further developed that technique for the preparation of the multilingual European Commentary; it placed this technique at the disposal of the project with no costs, as promised in the project application form.
6. The systematic analysis of the case law has been prepared under a system, in which the application which the ECJ and the Member State Courts have made of Regulation Brussels I and related instruments in the field of judicial cooperation is summarised in short “headnotes”. These “headnotes” are then grouped by articles and within each article further by arguments. This “European Commentary method” led to structured “case overviews” which outlined for each article of the Regulation the relevant court decisions. The “case overviews” also allowed for the distinction between relevant and less relevant judgments for each argument.
7. An important methodological step consisted in the development of a well conceived concept for the consideration of the legal literature. The existing language difficulties advised against the extensive citation of legal literature in languages which the users of the European Commentary will find difficult to understand and which will therefore be for them of only little use. On the contrary the Commentary mainly considered literature which originates from the respective user’s own jurisdiction, and which will be for her or him easy to understand. It was necessary, therefore, to develop a well focused “literature strategy” to meet these expectations.
8. As the development of an overall European Brussels I discussion is still a petitum for the future, whereas the situation in each Member State is still strongly characterised by a mainly “national” discussion, the European Commentary has pursued a line of compromise which also provides the key to the preparation of the Commentary in different parallel although not identical language editions: The Commentary has been prepared, therefore, in two separate steps, which consisted (1) in a “basic version”, and (2) in “language editions”. The “basic version” represents the common European Brussels I information standard and has provided the structure of the Commentary. The “language editions” transposed the “basic version” into a Commentary edition addressing readers in those jurisdictions where the respective language applies, and addressed the particular information expectations of these jurisdictions.
9. The Commentary’s basic version has been based on the legislative sources and further European information, and on the case law of the ECJ. It has been furthermore and especially based on the systematic evaluation of the case law of the Member State courts in the form of the “case overviews” (above no. 6). A further important background for the preparation of the basic version consisted in the discussions between the group of authors at the occasion of the three meetings during the project and in the comments received from the other authors. The results were for each article produced by the respective “basic author” in the form of a structured “basic comment”. The “basic version” represents the European Commentary’s common core.
10. The Commentary’s “language versions” in French, German and Italian have been prepared by the respective “language authors”. Their task has been to produce the Commentary in their language. For this purpose, they transposed on the one hand the “basic version”, its structure and content. Around the basic version, they adapted on the other hand the Commentary to the specific expectations of the legal public in their respective Member States. They did so by adding case law of the courts of these Member States to the case law which the “basic author” had selected for being of particular relevance under an overall European perspective. Equally, they quoted literature from the respective national discussion, in addition to the more restrictive selection of literature made by the “basic author”.
11. The European Commentary has been developed as a complex piece of information, both with regard to the media in which it is being produced, as with regard to its development over the time. By the end of the project, language editions of the full commentary have been finalised in the three languages German, French, and Italian. As promised in the application, these three languages editions of the European Commentary will be published in print editions and furthermore in an online version. They are attached to this Report as enclosures. The online version will also serve for the periodical updating of the information, in particular with regard to newly upcoming case law.
Additional translations
- In conformity with the application, further translations of parts of the Commentary text into the Czech, Dutch, Hungarian, Slovenian and Spanish language have been prepared.
Meetings and final Conference
- As planned, three meetings of the authors of the European Commentary took place during the project phase, namely
  1. Meeting on 13-14 February 2009 in Munich (Germany)
  2. Meeting on 20-21 November 2009 in Barcelona (Spain)
  3. Meeting on 04-05.06.2010 in Munich (Germany)
- In addition to these three meetings a final Conference was organized on December 2nd 2010 in Munich.

unalex. Projects

Project Commentary Brussels I

European Commentary on Brussels I Regulation