On 7 March 2023, the Italian Court of Cassation rendered a judgment (No 6723/2023) on the public policy exception as a ground for refusing, pursuant to Articles 45 and 46 of the Brussels I bis Regulation, the recognition and enforcement in Italy of a decision rendered by a Danish Labour Court. In its judgment, the Court of Cassation […]
“A rose is a rose is a rose”, goes the famous quote. It indicates a basic, intuitive truth: the words we use to designate things usually have the ability to evoke a specific imagery and the mainstream understanding of the “essence” of such things. Usually: this specification is essential in current EU private international law […]
In a post published on this blog in 2022, I addressed the relationship between private international law (PIL) and strategic climate change litigation, focusing on claims brought or supported by children and youth applicants. In those disputes, where plaintiffs are mostly seeking to hold States accountable for the violations of international and/or constitutional law, private […]
This is the last post in the series dedicated to the empirical analysis of the ECJ’s case law in the field of EUPIL. The previous posts can be found here and here. This post is slightly different from its predecessors, as the angle of analysis is reversed. Rather than (just) analysing the characteristics of the ECJ’s case law […]
As announced in the first post in this series, I will continue my empirical analysis of the ECJ’s case law in the field of EUPIL. I refer back to that blog post as concerns the definition of “EUPIL” and the general methodological framework upon which this research is based. The focus of this second post […]
I am coming back to the topic of a recent post published on this blog, where I analyzed the trends emerging from seven years (2015-2022) of ECJ case law in the field of judicial cooperation in civil matters. I would like to thank the readers of this blog, who gave me feedback and ideas for new […]
Private international lawyers and the ECJ are bound by a love-hate relationship: one single judgment delivered by the latter may sometimes give rise to a fully-fledged conference where, at the end of a lively discussions, the former express harsh criticisms, tepid approval or high praise towards the solution shaped by the Luxembourg Court. But while […]
Georgina Garriga Suau and Christopher Whytock have recently published a paper on SSRN, entitled “Choice of Law for Immovable Property Issues: New directions in the European Union and the United States”. Building on a comparative assessment of recent developments in US and EU private international law (PIL), the paper address the changing fate of lex […]
On 25 May 2022, the European Commission published a set of Questions and Answers (Q&As) to clarify the practical implementation of the new sets of Standard Contractual Clauses (SCCs), adopted in June 2021 (Decision 914/2021/EU). Contracts based on the earlier sets of SCCs will no longer be a lawful basis for international data transfers after 27 December […]
On 19 May 2022, the CJEU rendered an inadmissibility order in case C-722/21, Frontera Capital. The request for a preliminary ruling originated from a Spanish notary, who delivered a European order for payment (EOP) under Regulation 1896/2006. She relied, for that purpose, on the parallel competence vested on Spanish notaries for the delivery of domestic […]