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Virtual meeting, 2021

The 31st meeting of the Group has been held on 17 and 18 September 2021 in virtual mode.

The Group continued its work on proposals for European instruments on rights in rem and corporate responsibility for human rights and the environment. It also continued its work on a European codification of the general part of private international law, working in particular on the insertion of provisions on mandatory rules and on the recognition of situations validly established abroad.

It adopted a proposal for a Union regulation on the law applicable to rights in rem, which would complement other existing instruments, in particular on contractual and non-contractual obligations (Rome I and II). It also made a recommendation to the European Commission on the follow-up to the European Parliament’s resolution of 10 March 2021 on due diligence and corporate responsibility, from the point of view of private international law. It suggests therein the establishing, in particular, of provisions on international judicial jurisdiction which are required in order to ensure the effectiveness of the European system.

Among the topical issues, communications were made to the Group on the accession of the United Kingdom to the Lugano Convention and on the work of European institutions, and, for human rights, an account of the case law of the European Court of Human Rights, in particular on the follow-up to the Mennesson case law and on the interpretation of the Hague Convention on child abduction.

Keywords: Rights in rem.  Corporate social responsibility: international jurisdiction, connected claims, forum necessitatis; duty of care, civil liability, Rome II Regulation. Brexit: Lugano II Convention, European Commission’s position on the accession of the United Kingdom. Case law of the European Court of Human Rights: surrogate motherhood; Hague Child Abduction Convention, applications for return to Russian courts, refusal of return of children to Ukraine.

Documents

Records of working sessions

Documents adopted

Working papers