Rabels Zeitschrift: Issue 1 of 2022
The latest issue of the RabelsZ (Rabels Zeitschrift für ausländisches und internationales Privatrecht) has been published. It contains a number ofContinue Reading
Author: Matthias Lehmann
IPRax: Issue 1 of 2022
The latest issue of the IPRax (Praxis des Internationalen Privat- und Verfahrensrechts) has been published. It contains a number of insightful articlesContinue Reading
Mater non semper feminina est: A Transsexual Man Giving Birth Leaves the Berlin Authorities Confused
Facts An Austrian national (A) was born in 1975 as a woman. In 2010, at A’s request, the Austrian authoritiesContinue Reading
A Question of Human Rights: Registration of Children Outside Their Country of Birth or Nationality
It is common practice for children to be registered in the country where they are born or where they holdContinue Reading
Brexit Means Brexit: The Munich Court of Appeal Denies Legal Personality of British Private Limited Company with German Headquarters
It had to be anticipated that Brexit would have detrimental consequences for private litigants. Some have nurtured the hope, however,Continue Reading
IPRax: Issue 6 of 2021
The latest issue of the IPRax (Praxis des Internationalen Privat- und Verfahrensrechts) has been published. It contains a number of insightfulContinue Reading
Uniform Law Review – Issue 1 of 2021
The most recent issue of the Uniform Law Review contains a number of articles that are interesting from a PILContinue Reading
IPRax: Issue 5 of 2021
Issue 5 of 2021 IPRax has been published recently. As usual, it contains a number of insightful articles and case comments.Continue Reading
Jurisdiction over a Branch, Agency, or Other Establishment: The German Federal Court on ‘Air France (Germany)’
Jurisdiction over branches (Article 7(5) of the Brussels I bis Regulation) is shrouded in a cloud of mystery. A judgment dated 16Continue Reading
The Law Applicable to the Third-Party Effects of Assignment: The Aftermath of the CJEU’s Decision in TeamBank
Background In the judgment in TeamBank dated 19 January 2019, the CJEU ruled that Article 14 of the Rome IContinue Reading
A Further Twist to Emissions Scandal Litigation: Jurisdiction in Case of Self-Imported Cars
This post was drafted by Paul Eichmüller and Matthias Lehmann. Almost six years after the Volkswagen Dieselgate scandal became public,Continue Reading
CJEU in Effectenbezitters v. BP: Jurisdiction for Collective Actions Based on Incorrect Investor Information
On 12 May 2021, the Court of Justice rendered its long-awaited judgment in the case Vereniging van Effectenbezitters v. BP.Continue Reading
Not a Brexit Story: An English LLP Cannot Provide Tax Advice in Germany through a Subsidiary
In a judgment dated 10 December 2020, the German Federal Court restricted the provision tax advice on German soil. TheContinue Reading
Further Brexit Troubles: German Courts Force British Claimants to Provide Security for Costs
As the dust settles, the consequences of the British departure from the EU are becoming clearer, including those for BritishContinue Reading
Update: EU Sues AstraZeneca
On Friday, 23 April 2021, we informed our readers about an article on the legal aspects of a possible claimContinue Reading
Suing AstraZeneca: Who, Where, and under Which Law?
The latest edition of the Spanish journal La Ley (No 90 March 2021) contains an interesting article about the contractContinue Reading
The Methodology of Overriding Mandatory Provisions in Modern Conflicts of Laws
The public policy exception is used as a shield to protect fundamental domestic values in case of a contradiction betweenContinue Reading
UK Accession to Lugano Convention: Commission Backtracks from Approval
Oft expectation fails, and most oft there Where most it promises… William Shakespeare Yesterday has been an emotional rollercoaster forContinue Reading
Lugano Convention: Commission Poised to Give Green Light to UK Application
On 8 April 2020, the UK formally applied to accede to the Lugano Convention. The one year period recommended forContinue Reading
How to Determine the Law Applicable to Crypto Assets?
Which conflict-of-laws rule is the most appropriate for the blockchain? This fundamental question is part of two parallel targeted consultationContinue Reading
Joint Wills under the Succession Regulation – Insights from Germany
It is well-known that the Succession Regulation contains specific rules relating to succession agreements in its Article 25. Inter alia,Continue Reading
Zeitschrift für Europarecht, Internationales Privatrecht und Rechtsvergleichung: Issue 6 of 2020
The Journal for European, Private International and Comparative Law (Zeitschrift für Europarecht, Internationales Privatrecht und Rechtsvergleichung – ZfRV) just releasedContinue Reading
Brexit and the Brussels Convention: It’s All Over Now, Baby Blue?
Update — In light of the interest triggered by this post, an on-line symposium has been organised on this blogContinue Reading
Bitcoin Trades and Consumer Jurisdiction
On 4 November 2020, the Austrian Supreme Court (OGH) ruled on the applicability of the consumer jurisdiction under Article 18Continue Reading
The CJEU Does not Keep a Poker Face and Goes All In on Consumer Protection
On 10 December 2020, the CJEU decided in the case of A. B. and B. B. v Personal Exchange International LimitedContinue Reading
CJEU Significantly Weakens Jurisdiction Clauses in Case of Assignment
By a judgment of 18 November 2020 in the case Ryanair v DelayFix, the CJEU has ruled that an assigneeContinue Reading
The Court of Justice on the Succession Regulation: Matthias Lehmann on the E.E. Case
The EAPIL Blog hosts today two posts on the ruling of the Court of Justice in E.E., a case regardingContinue Reading
Equivalence in Private International Law
Tilman Imm has written a thesis on the mechanism of equivalence in Financial and Capital Markets Law (Der finanz- und kapitalmarktrechtlicheContinue Reading
Cross-Border Insurance Intermediaries in the Internal Market: International Supervisory and Private Law
A new monograph written in German deals with cross-border insurance brokerage in the Single Market (Christian Rüsing, Grenzüberschreitende Versicherungsvermittlung imContinue Reading
Remaining Questions About CJEU Judgment in VKI v Volkswagen
As reported in this blog, the CJEU gave on 9 July 2020 its long-awaited judgment in VKI v Volkswagen (CaseContinue Reading
Third-Party Relationships and the Protection of Third Parties in the EU Regulations on the Property Regimes of Couples
The number of transnational couples continuously increases within the European Union. At the same time, there are still large differencesContinue Reading
What is a Mahr? A European Characterisation of an Islamic Institution
One consequence of the Europeanisation of private international law is the need to examine and characterise certain phenomena, which haveContinue Reading
New Journal: Transnational Commercial Law Review
The Centre of Commercial Law Studies (CCLS) at Queen Mary University London is publishing a new journal, the Transnational Commercial LawContinue Reading
Another Twist to “Dieselgate”: Who is Allowed to Sue VW at its Seat?
The Diesel scandal has produced a wave of litigation word-wide. We are still waiting for the CJEU’s decision on whetherContinue Reading
Do Companies have Personality Rights? – Negative Online Reviews and the Rome II Regulation
The German Federal Court (Bundesgerichtshof) rendered an important ruling on jurisdiction and applicable law in claims against internet portals publishingContinue Reading
Wilke’s Conceptual Analysis of European Private International Law
Felix M. Wilke has published a well-researched, innovative and thought-provoking book titled A Conceptual Analysis of Private International Law (Intersentia, 2019).Continue Reading
VW Litigation in the UK – Cross-Border Recognition of Administrative Rulings in Private Law Cases
On 6 April 2020, the High Court of England and Wales handed down its judgment in the VW NOx EmissionsContinue Reading
UK Applies for Accession to Lugano Convention
Brexit and its legal consequences was the topic of an earlier post in this blog, suggesting the United Kingdom should joinContinue Reading
The Hague Judgments Convention: Prospects for Judicial Cooperation between the EU and Third Countries
On 25 and 26 September 2020, the University of Bonn will host a conference titled The 2019 Hague Judgments Convention: ProspectsContinue Reading
Where Did Economic Loss Occur in the VW Emissions Case?
On 2 April 2020, the conclusions of Advocate General Sánchez-Bordona in Verein für Konsumenteninformation v Volkswagen (Case C-343/19) were published. They addContinue Reading
The European Patent Court – Thwarted by the German Constitutional Court
The raising of a problem child The creation of the European Patent Court has been fraught with difficulties. After SpainContinue Reading
Anti-Anti-Suit Injunctions by German Courts – What Goes Around, Comes Around
Courts in the EU increasingly issue injunctions against anti-suit injunctions, or “anti-anti-suit injunctions”. We have already read in this blogContinue Reading
Corona Virus and Applicable Law
This is the second in a series of posts aimed to explore the impact of the coronavirus crisis on theContinue Reading
CJEU Rules Again on Jurisdiction for Compensation Claims by Air Passengers
On 13 February 2020, the CJEU ruled again on the competence of the court to hear passenger compensation claims underContinue Reading
The Law Applicable to Investor Claims: New Developments from the Rechtbank Rotterdam’s Judgment in Petrobas
On 29 January 2020, the Rechtbank Rotterdam (a Dutch court of first instance) ruled on the law applicable to claimsContinue Reading
Consumer vs. Investor: Inconsistencies between Brussels I bis and MiFID
Which rules are more important to determine the protection of weaker parties in financial disputes – the Brussels I bisContinue Reading
Brexit: We Hate to See You Leave – Just Stay Around for a While
Today, 31 January 2020, at midnight (11 PM GMT), the United Kingdom will leave the European Union. This is aContinue Reading
European Payment Order and Consumer Protection
The European Order for Payment (EOP) is an efficient tool against recalcitrant debtors. The conditions for the order’s issuance areContinue Reading