On May 19, the CJEU (Grand Chamber, judge F. Biltgen as rapporteur), made public its judgment in case C-350/24, Crédit Agricole Corporate & Investment Bank SA, upon referral by the French Cour de Cassation. The importance of the decision for PIL cannot be ignored, thus this post reproducing the main points of the reasoning of […]
This month begins with the publication, on Thursday 4, of Advocate General Norkus’s opinion in the Grand Chamber case C-41/25, Orsay, on the interpretation of Regulation 2015/848, on insolvency proceedings. The dispute pending before the Bundesgerichtshof (Germany) concerns avoidance proceedings brought in Germany by a German insolvency practitioner against the Treasury of the Republic of […]
In recent years, the case law of both international and national courts addressing some of the most complex and consequential issues in Private International Law has continued to shape the trajectory of the discipline’s doctrinal and practical development. Through these judicial decisions, PIL demonstrates its capacity to respond to the profound transformations affecting the transnational […]
In May, the Court of Justice will deliver only one decision, on the interpretation of the European Account Preservation Order Regulation. It will also hold a hearing in a case related to the Rome II Regulation. The hearing will take place on Wednesday 13th; it concerns case C-345/25, Gritxa, a request for a preliminary ruling […]
The Court of Justice will resume its work on Monday 13th, after the Easter break. On Thursday 16th, it will deliver its judgment in joined cases C-672/23, Electricity & Water Authority of the Government of Bahrain e.a. and C-673/23, Smurfit Kappa Europe e.a. A hearing had taken place on January 2025; Advocate general J. Kokott’s […]
The author of this post is Matej Makoter Rožmarin, Research and Teaching Assistant at the Department of Civil, International private and Comparative law, University of Maribor. On 13 and 14 February 2026, the Kick-Off Meeting and 1st Expert Meeting of the EU project Fair-In-Debt (Fair and Innovative Cross-border Recovery with Out-of-Court Enforcement Titles) took place in […]
This month starts with the publication, on Thursday 5 March, of Advocate General R. Norkus’s opinion in case C-716/24, Ponner, on the interpretation of the EAPO Regulation (Regulation 655/2014 establishing a European Account Preservation Order procedure), upon request fom the Oberlandesgericht Frankfurt am Main (Germany). A hearing took place last December – see here. N. Jääskinen is […]
Advocate General Spielmann’s opinion in case C-876/24, Vueling Airlines (Juridiction compétente en cas de contrat en ligne de transport aérien national) will be published on Thursday 26th. The Court of First Instance No 1, Fuenlabrada, Spain, has referred the following questions to the Court of Justice: First. Must Article 3(1) of Regulation (EC) No 2027/97 [of […]
A hearing in case C-799/24, Babcock Montajes, will take place on 4 February 2026. The Bundesgerichtshof (Germany) has referred to the Court a question on the interaction between articles 25 and 36 of the Brussels I bis regulation, and on the relevance of res judicata for the purposes of recognition: 1. Is the term ‘judgment’ in […]
After the Christmas break, the Court resumes its normal rhythm of hearings and publication of judgments and opinions until the “semaine blanche” in February. The judgment of the first chamber (F. Biltgen reporting, the other judges being T. von Danwitz, I. Ziemele, S. Gervasoni and N. Fenger) in case C-77/24, Wunner, is scheduled for Thursday […]
The decision in case C-240/24, BNP Paribas Fortis, will be delivered on 18 December. After a Belgium bank refused to acknowledge the legitimation effect of a European Certificate of Succession issued in Poland, the issuing notary (the Notary in Krapkowice Justyna Gawlica – Krapkowice, Poland) started on its own motion proceedings to withdraw the certificate. […]
Before the Christmas break (from 22 December 2025 to 11 January 2026), the Court of Justice will publish several decisions and opinions related to private international law. As of 30 November 2025, the scheduled calendar includes the decision of 2 December in case C-34/24, Right to Consumer Justice et Stichting App Stores Claims. The main […]
The Court’s activities are suspended during the so-called semaine blanche, i.e., between 3 and 7 November 2025. The first event related to private international law is the hearing that is set to take place on 12 November in case C-14/25, Thüringer Aufbaubank. The Oberster Gerichtshof (Austria) is requesting the interpretation of Regulation (EC) No 805/2004 […]
In October 2025, the Court will deliver several opinions and decisions on the interpretation of private international law instruments. AG R. Norkus’ opinion in case C-516/24, Winderwill, is scheduled for Thursday, 2 October. The request for a preliminary ruling originates from the Amtsgericht Schleswig (Germany). It focuses on the Maintenance Regulation: Is an application for […]
The Court of Justice will resume its public activity on 2 September 2025. The most relevant event regarding private international law this month is scheduled for Thursday 11th, when the opinion of AG Ćapeta in case C-196/24, Aucrinde, will be published. The hearing took place last April as reported here. In the case at hand, the […]
On 3 July 2025, Advocate General Norkus will deliver his opinion on case C-485/24, Locatrans. The request for a preliminary ruling, from the Cour de Cassation, Chambre sociale (Court of Cassation, Social Chamber, France), concerns the interpretation of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations. ES, the defendant […]
According to Article 4(1) of the Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters (the ‘Agreement’), Denmark shall not take part in the adoption of opinions by the Committee referred to in Article 26 of Regulation (EU) 2020/1784 on the […]
In 2024 the French Cour de cassation submitted a request for a preliminary ruling to the Court of Justice on a subject with ties to private international law, although none of the questions raised focuses formally on a private international law instrument. The case (C-350/24) is still ongoing. The request explaining the circumstances and legal […]
A significant decision for the current climate change debate was delivered on 28 May 2025, by the Higher Regional Court (OLG) of Hamm. The OLG in Hamm has dismissed the climate lawsuit brought by Peruvian farmer Saúl Luciano Lliuya against the energy company RWE. The court ruled that an appeal of this decision is not […]
An opinion and two hearings are scheduled in June 2025 in relation to requests for preliminary rulings on private international law instruments. On Thursday 12 June, Advocate General N. Emilou will deliver his opinion in case C-77/24, Wunner. The Oberster Gerichtshof (Supreme Court, Austria) has referred two questions to the Court of Justice of the […]
Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine was from the very beginning doomed to undergo frequent amendment. The first text contained only 14 articles. After the last modification in February 2025 (the thirty-fifth in a row), the number has more […]
On 19 May 2025, the leaders of the European Union (António Costa, President of the European Council, Ursula von der Leyen, President of the European Commission) and the United Kingdom (Keir Starmer, Prime Minister of the United Kingdom) met in London for the first EU-UK summit since the UK withdrew from the EU. At the […]
Under Article 10 of the Spanish Law 14/2006 of 26 May 2003 on assisted human reproduction techniques, gestation agreements, for a price or not, by a woman who renounces to motherhood in favour of a party to the contract or of a third party are null and void. As a rule, the parenthood of children born […]
Regarding Private International Law, May 2025 will be a quiet month at the Court of Justice. Subject to updates, there is just one opinion scheduled, to be published on Thursday 22. In case C-279/24, Liechtensteinische Landesbank, AG R. Norkus has been asked to support the Court acting in a chamber of five judges (I. Jarukaitis, […]
In January 2025, AG J. Richard de la Tour delivered his opinion in case C-536/23, Mutua Madrileña Automovilista, upon a request from the Landgericht München I (Regional Court of Munich I, Germany) asking the Court of Justice : Must Article 13(2) of Regulation (EU) No 1215/2012 [the Brussels I bis Regulation], read in conjunction with Article 11(1)(b) […]
In April 2025, Advocate General J. Kokott will deliver her opinion on joint cases C-672/23 , Electricity & Water Authority of the Government of Bahrain e.a., and C-673/23, Smurfit Kappa Europe e.a. The publication is scheduled for Thursday 3. The EAPIL blog has already reported on these (partially identical) Dutch requests for a preliminary ruling concerning […]
On 27 March 2025, the Court of Justice will hand down the judgment in case C-186/24, Auto1 European Cars. The request for a preliminary ruling arises in relation to insolvency proceedings opened by the Landesgericht Linz (Regional Court of Linz) on May 2022. The main dispute opposes the insolvency practitioner to Auto1, a company headquartered […]
The decision in case C-57/24, Ławida, has been scheduled for delivery on 27 March 2025. The Sąd Okręgowy w Gliwicach (Poland) has referred to the Court of Justice the following question: Must Article 13 of Regulation (EU) No 650/2012 [on succession] be interpreted as meaning that it does not apply in a situation where, in […]
On 4 March 2025, Prof. Thomas Kadner-Graziano presented publicly on line the project of research and the achievements to date of the EAPIL’s Working Group on the Feasibility of a European Private International Law Act (to which I belong). A few days earlier, the EAPIL blog had informed about an article of Prof. K. Boele-Woelki […]
On 27 February 2025, the research services of the European Parliament published on line a briefing authored by David de Groot, entitled Surrogacy: The legal situation in the EU, setting out the legal situation in the EU regarding surrogacy. The document provides a good, well-researched and easy-to-follow introduction to the topic. In 17 pages, it […]
This month starts with the publication, on Thursday 6, of the decision in case C-395/23, Anikovi, reported here, on the interpretation of Regulation (EU) 2019/1111 (Brussels II ter Regulation) and its relation to an international treaty between a Member State and a third one. The Sofiyski rayonen sad (Sofia District Court, Bulgaria) referred to the […]
Those interested in EU private international law may want to follow the hearing in case C-77/24, Wummer, on 5 February. The Oberster Gerichtshof (Austria) has referred to the Court of Justice two questions on the interpretation of the Rome II Regulation pursuant to Article 267 TFEU: 1. Must Article 1(2)(d) of [the Rome II Regulation] […]
January 2025 starts at the CJEU with the delivery of AG J. Richard de la Tour’s Opinion in case C-536/23, Mutua Madrileña Automovilista. The Landgericht München I (Regional Court of Munich I, Germany) is referring the following question to the Court of Justice: Must Article 13(2) of Regulation (EU) No 1215/2012 [the Brussels I bis […]
The Court of Justice will be quite active before the Christmas break. Not so much, though, regarding PIL, with only one judgement scheduled for publication, in addition to one hearing. On Thursday 5, the Court will deliver its decision on C-389/23 Bulgarfrukt, a preliminary reference from the Amtsgericht Wedding (the German Court for European orders for […]
November 2024 starts with the delivery on Thursday 7 of a decision on the Succession Regulation. C-291/23, Hantoch, is a request for a preliminary ruling from the Landgericht Düsseldorf (Germany). The single question reads: Must an interpretation of Article 10 of the EU Succession Regulation with regard to the question whether any estate assets existed in […]
To date, two decisions are scheduled for publication in October in relation to EU private international law instruments. Both will be known on Friday 4. The first one is C- 633/22, Real Madrid Club de Fútbol, a Grand Chamber decision on Regulation 44/2001 (T. von Danwitz as reporting judge). As reported here, the dispute on the […]
Back to normal activity as of 3 September, here is the planning in relation to cases on private international issues for this month. Advocate General N. Emiliou’s second opinion in case C-339/22, BSH Hausgeräte, expected in July (see here), was re-scheduled and should be delivered on Thursday 5. On the same day, Advocate General J. Richard […]
This July, the activity of the Court of Justice in PIL matters comprises the publication of two decisions and one opinion. All them relate to the interpretation of the Brussels I bis Regulation: On Thursday 4, the fifth Chamber (sitting judges K. Lenaerts, E. Regan, I. Jarukaitis and D. Gratsias) will deliver its judgment in […]
The Spanish Yearbook of International Law (SYbIL), edited by the Asociación Española de Profesores de Derecho Internacional y Relaciones Internacionales (AEPDIRI), is calling for papers on topics of public and private international law for its forthcoming volume. Aware of the paramount importance of international practice, the Spanish Yearbook of International Law publishes contributions from active academics […]
On 6 June 2024 the Court of Justice will be holding a hearing in case C-393/23, Athenian Brewery et Heineken. The request for a preliminary ruling comes from the Hoge Raad der Nederlanden (the Dutch Supreme Court). In the main proceedings, Macedonian Thrace Brewery SA (‘MTB’) is suing Athenian Brewery SA (‘AB’) and Heineken NV (‘Heineken’) […]
On 7 May 2024, Advocate General J. Richard de la Tour will deliver his Opinion in case C-4/23, Mirin. I reported on this case related to the recognition of changes on civil status of a European citizen with dual nationality on the occasion of the hearing last January. For the record, here are the questions […]
After the Easter pause the Court of Justice will resume its core activities. As of today, two decisions and two opinions are expected in private international law matters in April 2024. On Thursday 11 April , a chamber composed by judges O. Spineanu-Matei (reporting), J.C. Bonichot and L.S. Rossi will hand down its ruling in […]
An international conference on the recast of the Brussels I bis Regulation will take place at the Skylounge of the University of Vienna on 12 April 2024. Organized by Professors Burkhard Hess, Christian Koller and Paul Oberhammer (Institut für Zivilverfahrensrecht, Universität Wien), the event will bring together representatives of the European Commission and of the […]
A corrigendum to Regulation (EU) 2020/1784 of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (the Recast Service Regulation) has been published on the Official Journal of the European Union of 2 February 2023 (L 405). It concerns Article 33, which is about […]
As regards private international law, March 2024 starts at the Court with the delivery of AG N. Emiliou’s opinion on C-774/22, FTI Touristik, on Thursday 7 – an opinion previously scheduled for February. By its single question, the Amtsgericht Nürnberg (Germany) asks the CJEU whether Article 18(1) of the Brussels I bis Regulation determines, not […]
February 2024 will be a busy month at the Court of Justice. A hearing took already place on 1 February in case C-394/22, Oilchart International, a request for a preliminary ruling on the delimitation of Regulation Brussels I bis and Regulation 1346/2000, as well as on the compatibility with the latter of specific Dutch provisions. […]
The second issue of 2023 of the open-access journal Cuadernos de Derecho Transnacional has been released. As usual, it contains studies (Estudios) and notes (Varia), in Spanish and in other languages. A selection kindly provided by the editorial team of the journal include the following studies. Alfonso Luis Calvo Caravaca/Javier Carrascosa González, Ley aplicable a […]
The external activity of the Court of Justice resumes on 8 January 2024. On 11 January, Advocate General M. Szpunar will publish his opinion on C-632/22 (Assignation au siège d’une filiale de la défenderesse). I reported on the case on the occasion of the hearing, which took place last October. The Spanish Supreme Court has […]
The European Court of Human Rights delivered on 10 October 2023 a judgment on a matter of paternity involving an international element. The Facts I.V., the applicant before the European Court of Human Rights, is a Latvian national living in Riga. In spring 2006 he had a son, born in Latvia, from a relationship. The mother […]
On 7 December 2023, The Council presidency and European Parliament representatives reached a provisional agreement on a reform of the Statute of the Court of Justice (last version available here). Among other things, the reform will permit the transfer of jurisdiction over preliminary rulings to the General Court in specific areas, while the Court of […]
The Spanish Association of Professors of International Law and International Relations (AEPDIRI) is organizing its VII Seminar on current issues in Private International Law on the topic A Private International Law centred on the rights of individuals. The seminar will take place at the Faculty of Law of the Universidad Pontificia Comillas (ICADE) in Madrid […]
The Official Journal of the European Union of 9 June 2023 reports the following request for a preliminary ruling from the Sofiyski rayonen sad (Sofia District Court – case C-222/23): Is Article 62(1) of [the Brussels I bis Regulation], read in conjunction with Articles 18(1) and 21 TFEU, to be interpreted as precluding the concept of a natural […]
The last month of 2023 will be a quiet one at the Court of Justice (in PIL terms). As of today, just a hearing and the delivery of an opinion are scheduled. The hearing in the German case C-35/23, Greislzel, will take place on Thursday 7 December at 9.30 am. The request for a preliminary ruling, […]
In November 2023, the Fourth Chamber of the Court of Justice, with C. Lycourgos presiding and O. Spineau-Matei reporting, will hand down her decision in case C-497/22, Roompot Service. The scheduled delivery date is Thursday 16. The request for a preliminary ruling, from the Landgericht Düsseldorf (Germany), was lodged on 22 July 2022, focuses on […]
The Court of Justice will not be extremely busy with private international law this October, but I am pretty sure the three cases – one of them in particular- have generated a lot of expectation beyond the usual crowd. Advocate General J. Richard de la Tour will deliver his Opinion in case C-566/22, Inkreal, on Thursday […]
Holidays are over and September 2023 will be a busy month at the Court of Justice also as regards private international law, starting with the delivery of the Opinion by AG Emiliou in case C-90/22, Gjensidige, and of two decisions by the third and the fifth chamber respectively (both formations of five judges) already on Thursday […]
On 31 August 2023, the European Court of Human Rights has handed out its decision regarding application in case C. v. Italie (application no. 47196/21), on the refusal by the Italian authorities to recognize the bond of filiation established by a Ukrainian birth certificate between the child C, born abroad by surrogacy, and her biological […]
Before the judicial holiday starting mid July the Court will deliver (as of today) decisions on two private international law cases and hold a hearing on another one. The first decision is scheduled for on 6 July 2023. It corresponds to case C-462/22, BM, on a request from the German Bundesgerichtshof for a preliminary ruling […]
On 31 May 2023, the Commission adopted an implementing decision whereby the European citizens’ initiative (ECI) entitled Effective implementation of the concept of judicial precedent in EU countries shall be registered. The English version can be downloaded here. The decision has been taken pursuant to Regulation (EU) 2019/788 on the European citizens’ initiative. The Regulation establishes […]
June 2023 begins at the Court of Justice with the decision in case C-567/21, BNP Parisbas, which will be read on 8 June. The request from the Social Chamber of the Cour de Cassation (France) had been lodged on September 15, 2021. It concerns the interpretation of Regulation 44/2001. The national court referred the following questions: […]
This post was written by Carlos Santaló Goris (Lecturer at the European Institute of Public Administration in Luxembourg). On 20 April 2023, the Court of Justice of the European Union (CJEU) rendered its second judgment on Regulation 655/2014, establishing a European Account Preservation Order (‘EAPO Regulation’). In C-291/21, Starkinvest, the Court assessed whether an EAPO […]
In May 2023, the Court will decide on C-264/22, Fonds de Garantie des Victimes des Actes de Terrorisme and d’Autres Infractions. The decision is expected on 16 May. The request for a preliminary ruling from the Tribunal da Relação de Lisboa (Portugal) concerns the interpretation of the Rome II Regulation. It was lodged in April […]
On 20 April 2023, the Court will reply to the following questions from the Tribunal de première instance de Liège (Belgium), lodged on 7 May 2021, in case C-291/21 Starkinvest, on the European Account Preservation Order Regulation: Does a judgment which has been served, ordering a party to make a penalty payment in the event of […]
Mediation has acquired a growing and unstoppable implantation during the last years, becoming an alternative dispute mechanism for the resolution of international disputes in civil and commercial matters with a great impact on the comparative and international arena. As a result, the normative responses that have been developed to face the challenges generated by the […]
El Tribunal de Justicia de la Unión Europea y el Derecho Internacional Privado (The Court of Justice of the European Union and Private International Law), is a compilation of essays conceived to pay a tribute to the lawyers who dreamed of a European society where people could freely move and circulate among Member States. Since […]
As many readers of the blog surely know already, the Unified Patent Court Agreement (UPC Agreement) will enter into force on 1 June 2023. With this in mind, a 3-month Sunrise period started on 1 March 2023. From that date, an opt-out from the jurisdiction of the Court, as laid down in Article 83(3) of the […]
On 30 March 2023, just before the Easter holidays, the Court of Justice will deliver two judgments on the interpretation of private international law instruments. The first ruling refers to case C-343/22 PT (Injonction de payer de droit suisse), where the German Bundesgerichtshof required the interpretation of the Lugano Convention of 2007: Must Article 34(2) […]
Following the publication of her monograph on PIL and non-judicial divorce, I have invited Nuria Marchal Escalona to provide an overview of the topic with a focus on the Spanish case. Nuria Marchal is a professor of Private International Law at the University of Granada (Spain). The tag ‘non-judicial divorce’ does not refer to a single […]
On 9 March 2023, the Court will deliver the judgment in C-177/22, Wurth Automotive. The Landesgericht Salzburg (Austria) referred the following (extremely case-specific) questions on the interpretation of the Brussels I bis Regulation and the consumers’ heads of jurisdiction: Does the assessment of whether the applicant is a consumer within the meaning of Articles 17 and 18 […]
The number of States which, pressed by the need to relieve and speed up the work of the courts, have de-judicialised the dissolution of the marriage bond and assigned the responsibility thereto to various extrajudicial authorities (Civil Registrars, notaries, mayors, etc.), has considerably increased in recent times. This has been the case in Spain, where, […]
In February 2023, the Court of Justice of the European Union will publish two decisions and one opinion, all three on Thursday 16. The expected judgments concern case C-393/21, Lufthansa Technik AERO Alzey, and C-638/22 PPU, Rzecznik Praw Dziecka e.a. (Suspension de la décision de retour). In C-393/21, the Lietuvos Aukščiausiasis Teismas (Lithuania) is asking […]
La sustracción internacional de menores en el espacio jurídico europeo (International Child Abduction in the European Union), a monograh by PIL Assistant Professor Maria González Marimón (University of Valencia), has just been released by the Spanish publishing house Tirant Lo Blanch. The book covers the landscape of sources in force the European Union, in an area […]
The monthly program of the Court of Justice of the European Union regarding private international law, as of today, is as follows. On 12 January 2023, Advocate General Emiliou will deliver his opinion in case C-638/22 PPU, Rzecznik Praw Dziecka e.a., on the suspension of a Hague return decision. A hearing had taken place last […]
A request for a preliminary ruling from the Areios Pagos (Greece) is pending before the Court of Justice in the case of Charles Taylor Adjusting and FD against Starlight Shipping Company and Overseas Marine Enterprises INC (C-590/21, Charles Taylor Adjusting). The summary of the request in English and other languages can be downloaded here. The […]
On 7 December 2022, as announced through the Commission Press Corner, the European Commission adopted a proposal for a Regulation aimed at harmonising at EU level the rules of private international law relating to parenthood. The proposal is focused on the best interests and the rights of the child. It will provide legal clarity for all […]
December is a relatively short month at the Court of Justice. Very little is happening in PIL (much more on other topics such as the independence of judges or data protection). On 8 December 2022, a hearing will take place in relation to case C-638/22 PPU Rzecznik Praw Dziecka e.a., on the suspension of a […]
Advocate General Szpunar’s opinion on C-651/21 – М. Ya. M. (Renonciation à la succession d’un cohéritier) was published last Thursday. The request, from the Sofiyski rayonen sad (Bulgaria) relates to Article 13 of Regulation 650/2012 on matters of succession. In the case at hand, M. T. G., a Bulgarian national who died in Greece, designated as heirs […]
This November, more precisely on Tuesday 15, The Court will hand down the decision in C-646/20, Senatsverwaltung für Inneres und Sport, a request from the German Bundesgerichtshof on the Brussels II bis Regulation. The issue is whether a private divorce granted in Italy further to concurring statements by the spouses before the civil registrar can be recorded […]
Prompted by a kind invitation to participate in the International Weekend of ABILA (American Branch of the International Law Association, NY, 20-22 October 2022), I took a moment to reflect about past achievements and future challenges for private international law (PIL) in the European Union. We were three speakers in the panel (Karin Kizer and […]
Between 24 and 27 October 2022, an international congress on the impacts of the war in Ukraine will take place at the University of Barcelona, organized by Cristina González Beilfuss and Xabier Fernández Pons. On the face of the program, it looks as if most of the interventions are devoted to public law-related aspects of […]
All private international law events at the Court of Justice this month will take place on the same day, namely on 20 October. To begin with, we will get to know AG Szpunar’s opinion on C-423/21, Grand Production. The Oberster Gerichtshof (Austria) has lodged a request for a preliminary ruling with two questions on Directive […]
A quick update related to the insolvency regulation (Regulation 2015/848): on 30 August 2022 the Commission adopted Decision (EU) 2022/1437 confirming the participation of Ireland in Regulation (EU) 2021/2260 of the European Parliament and of the Council amending Regulation (EU) 2015/848 on insolvency proceedings to replace its Annexes A and B. The Decision takes up […]
Those in Luxembourg on 8 September 2022 may want to attend the hearing in case C-393/21, Lufthansa Technik AERO Alzey. The request for a preliminary ruling comes from the Lietuvos Aukščiausiasis Teismas (Lithuania), and was lodged on 28 June 2021. It focuses on Article 23 of Regulation (EC) No 805/2004 of the European Parliament and of the […]
The International Institute for the Unification of Private Law (Unidroit) is conducting an online consultation on the draft Model Law on Factoring. The online consultation will run for 12 weeks, from 29 July until 21 October 2022. The purpose of the consultation is to: (1) Raise awareness about the instrument; (2) Ensure that the instrument is well suited […]
In spite of the vacation period, several judgments have been handed down on 1 August 2022. One of them concerns the interpretation of PIL instruments, namely Regulation (EC) No 2201/2003 and Regulation (EC) No 4/2009. The request from the Audiencia Provincial de de Barcelona leading to Case C-501/20, MPA (Habitual residence – Third State), on […]
On 23 June 2022, the Lisbon Guidelines on Privacy, drawn up by the ILA Committee on the Protection of Privacy in Private International and Procedural Law, have been formally endorsed by the International Law Association at the 80th ILA Biennial Conference, hosted in Lisbon (Portugal). The Committee was established further to a proposal by Prof. […]
Due to the summer holiday, July 2022 will be a brief month at the Court in terms of delivery of judgments and opinions and the holding of hearings. Nevertheless, until then we are invited to attend, on Thursday 7th, the hearing in C- 639/21 Geos et Geos International Consulting, a case referred by the Cour […]
Council Decision (EU) 2022/1022 of 9 June 2022 on the signing, on behalf of the European Union, of the Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Mining, Agricultural and Construction Equipment (MAC Protocol), has been published in the Official Journal L 172, of June 29. Pursuant to the […]
This is an update on my monthly post on the Court of Justice of the European Union, in order to announce the publication today (Monday 20) of the decision in case C-700/20, The London Steam-Ship Owners’ Mutual Insurance Association. I reported on the facts and the questions referred by the High Court of Justice Business […]
Regulation (EU) 2022/850 of the European Parliament and of the Council of 30 May 2022 on a computerised system for the cross-border electronic exchange of data in the area of judicial cooperation in civil and criminal matters (e-CODEX system), and amending Regulation (EU) 2018/1726, has been published on the Official Journal of 1 June 2022. Marion […]
June 2022 starts at the Court of Justice with the publication of two decisions of PIL interest this Thursday, 2 June. The first one, in case C-617/20, T.N. and N.N., focuses on the interpretation of Articles 13 and 28 of the EU Succession Regulation. The Hanseatisches Oberlandesgericht in Bremen (Germany), sent the following questions to […]
Strategic lawsuits against public participation, commonly known as ‘SLAPPs’, are a particular form of harassment used primarily against journalists and human rights defenders to prevent or penalise speaking up on issues of public interest. The term was coined by Professors George W. Pring and Penelope Canan in their book SLAPPs: Getting Sued for Speaking Out […]
May 2022 starts with the hearing in C-354/21 Registrų centras, on Regulation n° 650/2012, next Wednesday. In the case at hand, R.J.R., the appellant, holds Lithuanian and German nationality and is resident in Germany. Her mother died on 6 December 2015; at the time of her death, she had her place of habitual residence in Germany; her […]
While reflecting once more about the efforts to reach a forum-ius parallelism via interpretation of the grounds for jurisdiction and the connecting points of the conflict of laws rules (not be the best way to get to it), I found a piece of news about a new Memorandum of Understanding on cooperation on information about […]
Since the Millennium, public interest litigation has become a growing phenomenon in civil courts. Activists and NGOs are filing civil lawsuits, both domestic and cross-border, in order to promote societal and political shifts. Typical examples are (business and) human rights claims, environmental claims, climate change litigation but also cartel damage claims. Targeted defendants react also developing […]
On 7 April 2022, the Court will deliver the judgment in C-568/20, H Limited. The request, with three questions, was lodged in November 2020 by the Oberster Gerichtshof (Austria); it concerns the interpretation of several provisions of Chapter III of the Brussels I bis Regulation, in addition to its Article 2(a). The dispute on the […]
On 1 January 2021, the divorce between the United Kingdom and the European Union became effective. Where do we stand one year later? The Spanish journal La Ley-Unión Europea chose this topic to celebrate its number 100 issue, published last February. Under the title “La Unión Europea tras el primer año del brexit” (The European […]
In March 2022 the Court of Justice will publish three judgments and three opinions. Judgments The decisions correspond to cases C-421/20, Acacia (3 March), C-498/20, BMA Nederland (9 March), and C-723/20, Galapagos BidCo (24 March). Case C-421/20, Acacia, is a request for a preliminary ruling from the Oberlandesgericht Düsseldorf in a case opposing Bayerische Motoren […]
Due to the ‘semaine blanche’, February is usually a short month at the Court of Justice. However, several PIL-related activities are worth noting this particular February. They start this Thursday with the judgment in C-20/21, LOT Polish Airlines. A chamber of three judges (Rodin, Bonichot, Spineanu-Matei) will decide on the request by the Regional Court, Frankfurt […]
Annexes A and B to the insolvency Regulation list, respectively, the national insolvency proceedings and national insolvency practitioners (as notified by Member States) to which that Regulation applies. They have been replaced by Regulation (EU) 2021/2260 of 15 December 2021. The new Annexes are operative as of 9 January 2022 The reasons for the amendment are […]
La Ley – Unión Europea is a Spanish journal published monthly by Wolters Kluwer under the editorship of Professor Fernández Rozas (University Complutense, Madrid). It comprises several sections; contributions are classified depending on their length and nature – whether analytical or descriptive. Although not exclusively devoted to private international law, every issue contains at least […]
After the Christmas break the Court of Justice takes up again its public activity. Regarding judicial cooperation on civil matters, the first event in January 2022 is the hearing in case C-18/21, Uniqa Versicherungen, scheduled for Wednesday 19. The request for a preliminary ruling comes from the Oberster Gerichtshof (Austria). It focuses on the impact […]
The jugdment on C-251/20, Gtflix, will be published on Tuesday 21. The request for a preliminary reference of the French Cour de Cassation, focused on Article 7(2) of the Brussels I bis Regulation, had triggered a long opinion by M. Hogan (the Irish Advocate General at that point in time). Although he favoured the characterization […]
As far as PIL is concerned, December 2021 at the CJEU starts with AG M. Campos Sánchez-Bordona’s opinion on C-645/20, VA and ZA, scheduled Thursday the 2nd. The request for a preliminary reference, from the French Cour de Cassation, focuses on the ex officio application of Article 10 of Regulation 650/2012: “Must Article 10(1)(a) of […]
This post introduces the paper by Fernando Gascón and Guillermo Schumann published in Ius Dictum, 5, 2021, The rules on lis pendens and on res judicata in the ELI/UNIDROIT Model European Rules of Civil Procedure. A pre-print version of the article is available here. Many thanks to Guillermo Schumann for the input. Introduction In 2020 the European Law Institute […]
The new edition of the Commentary on EU-Zivilprozessrecht: EuZPR authored by Professor Dr. Dr. h.c. Peter Schlosser, Emeritus at the Ludwig Maximilian University of Munich, and Professor Dr. Dres. h.c. Burkhard Hess, founding Director at the Max Planck Institute Luxembourg, has just been released. The revised and extended version of the commentary assesses and explains the […]
In October 2021, the Spanish Supreme Court had the opportunity to show its willingness to follow the Court of Justice and to give an example of a good practice in a matter related to the application of Article 7(2) of the Brussels I bis Regulation. The order (auto) of 7 October 2021, was delivered by […]
In November 2021 the activity of the Court of Justice in the field of Private International Law appears to be limited to two decisions, both expected on the 25. The first judgement corresponds to the request for a preliminary ruling from the Paris Court of Appeal in C- 289/20, IB, on Article 3 of Regulation […]
Today, the Court of Justice has published its judgement in C 393/20, a request for a preliminary ruling from the Sąd Rejonowy dla Krakowa-Śródmieścia w Krakowie (Poland). The subject matter of the proceedings in the joined cases concerns the claims of two commercial operators, T.B. and D. sp. z o.o., with seat in Poland, against the […]
In the last decades, Spanish academia has seen a growing number of journals devoted, exclusively or not, to PIL issues. The editorial principles of them all have also quickly evolved and may are open access and downloadable from the very moment of publication, or only some months afterwards. Most of them follow a strict double-blind […]
Only one judgment on PIL matters, namely the one in C-581/20, TOTO (first chamber: judges Bonichot, Bay Larsen, Safjan, Jääskinen and Toader, the latter as reporting judge) is scheduled so far for publication in October 2021. It will happen next Wednesday. In addition, two opinions are expected towards the end of the month. Case C-581/20 […]
The Revista Electrónica de Estudios Internacionales (REEI), whose current editor-in-chief is Prof. de Miguel Asensio, a founding member of the EAPIL, is an open-access journal published by the Spanish Association of International Law and International Relations Professors (AEPDIRI). The journal exists since 2000; it is open to specialized research works on public international law, private […]
It is not frequent that a request for a preliminary reference on matters concerning civil and commercial litigation is assigned to the Grand Chamber. It has happened though already several times in relation to Article 7 (2) Brussels I bis Regulation (or the corresponding provisions in the previous instruments). It will happen again in case […]
In September 2021 the Court of Justice of the European Union will deliver several decisions on PIL issues. The first one, on 9 September, concerns case C-277/20, UM. The request for a preliminary ruling, from the Oberster Gerichtshof (Austria), focuses on the interpretation of Articles 3(1)(b) and 83(2) of Regulation No 650/2012 (the Succession Regulation). In […]
On 9 and 10 September 2021, the Max Planck Institute Luxembourg for Procedural Law will host the 7th Conference of Young Procedural Scholars on Europeanisation of Civil Procedural Law: Disruption or Consolidation? The event will trace the influences of the ever-increasing European activities on national procedural law, and offers the opportunity to discuss whether Europeanisation consolidates or […]
The decision corresponding to case C-262/21 PPU A, will be delivered on 2 August 2021. It corresponds to a preliminary reference from the Supreme Court of Finland, with five questions on Regulation 2201/2003 and the 1980 Hague Convention, as well as on the interface between the first one and the Dublin III Regulation. Practicalities surrounding […]
Strategic Lawsuits Against Public Participation (SLAPP) can be defined as lawsuits intended to intimidate and silence critics by burdening them with the cost of a legal defense, until they abandon their criticism or opposition. Some jurisdictions have already passed anti-SLAPP laws. In its Action plan for democracy, of 2020, the Commission had already announced its […]
July is a short month at the Court of Justice, but a busy one. Already on 1 July 2021 the judgment on C-301/20, Succession de VJ, was published. The questions, on the European certificate of succession and copies of it, had been referred by the Austrian Supreme Court: (1) Is Article 70(3) of Regulation No […]
In spite of the numerous studies and decades of analysis, the interface between private international law and human rights keeps scholars busy. No surprise, thus, that the (current) 4th Commission of the Institut de Droit International is presenting a new Draft Resolution next August, on the occasion of the IDI biannual meeting, held on line. […]
Professor Jürgen Basedow does not need any introduction. A volume published by Intersentia, titled EU Private Law. Anatomy of a Growing Legal Order, summarises, updates and completes studies he has published since the late 1980s. It exists as e-book (although this is not a book to read on the screen, but to hold in the […]
In June 2021 the CJEU will rule on in two cases of interest for private international law. On 3 June 2021, the decision on the request for a preliminary ruling from Bulgaria C-280/20, Generalno konsulstvo na Republika Bulgaria, will be delivered by the 8th Chamber (judges N. Wahl, F. Biltgen, J. Passer, with the latter […]
On 11 May 2021, the Juzgado de lo Mercantil nr. 17 of Madrid has submitted a request for a preliminary ruling to the Court of Justice of the European Union (CJEU) on the interpretation of Articles 101 and 102 TFUE, on the one hand, and of Articles 45, 49, 56 and 63 TFUE, on the […]
As reported by Pietro Franzina last January, the Standing International Forum of Commercial Courts (SIFoCC), which brings together the commercial courts of several countries across the world, launched the second edition of its Multilateral Memorandum on Enforcement of Commercial Judgments for Money. Last April, SIFoCC’s Second International Working Group, co-chaired by Sir William Blair and Judge François […]
In May 2021 the activity of the CJEU regarding PIL will focus on insolvency and civil and commercial matters. The decision in C- 709/19, Vereniging van Effectenbezitters (first chamber: J.L. Bonichot, L. Bay Larsen, C. Toader, N. Jääskinen, and M. Safjan as reporting judge) will be delivered on May 12th. AG Campos Sánchez-Bordona’s Opinion was […]
On 20 April 2021 the Commercial Court number 17 of Madrid granted provisional measures forbidding FIFA and UEFA (and any other associated football body) to adopt, for the duration of the main proceedings any type of determination against the Super League or against the teams or players participating in the projected new European competition. The […]
Advocate General Kokott’s Opinion in Case C-490/20 V.M.A. v Stolichna Obshtina, Rayon ‘Pancharevo’ was published on 15 April 2021 (the issues raised by this case have been discussed earlier on this blog by Nadia Rusinova: see here). So far, the text of the Opinion is available only in Bulgarian and French. This post provides a […]
The Spanish online journal Cuadernos de Derecho Transnacional, edited by the University Carlos III of Madrid under the directorship of Professors Calvo Caravaca and Castellanos Ruiz, and bearing the quality seal of the Spanish Foundation for Science and Technology (FECyT), has just released the first issue of 2021 (volume 13). As usual, the journal is […]
Among the goals pursued by the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law is to promote research and academic exchange with foreign scholars. In this framework, to assist particularly young scholars further advance their research activity, the Max Planck Institute Luxembourg offers a limited number of scholarships for foreign doctoral candidates […]
I am not especially keen on celebrating anniversaries. However, as things stand now in the European Union I thought it worth a short post on the seminal decision of the Court of Justice in case 22/70, AETR (EU:C:1971:32), of 31 March 1971. My attention has been drawn to its fiftieth anniversary. Let’s celebrate what it […]
COVID – or rather, its consequences on legal relationships – has arrived to the CJEU in the form of a request for a preliminary ruling of the Austrian Oberster Gerichtshof. The question submitted in case C-18/21, Uniqa Versicherungen, relates to Regulation No 1896/2006 creating a European order for payment procedure. It reads as follows: Are Articles 20 and 26 […]
According to a press release of the Spanish Constitutional Court, on 23 February 2021 the Plenary has partially ruled in favor of the Government of Catalonia (the Generalidad de Cataluña/Generalitat de Catalunya) and, consequently, declared unconstitutional part of the provisions of the Spanish Regulation on International Adoption approved by Royal Decree 165/2019 of 22 March […]
To the best of my knowledge, March 2021 will be another quiet month at the Court (for private international law issues). In fact, there is only one event to be reported, namely the judgment in case C-307/19, Obala i lučice, by the 1st Chamber (Bonichot, Bay Larsen, Safjan, Jääskinen, and Toader as reporting judge), which […]
All the recent studies I am aware of on the application in practice of the EU private international law instruments claim that legal practitioners are not aware of the regulations/directives, or do not know how to apply them. They conclude there is a need for training. Having been a University professor for now some years, […]
February starts with a hearing on 4 February in a PPU case. C-603/20 PPU MCP is a preliminary reference from the High Court of Justice, Family Division (United Kingdom), filed on November 2020 (that much for Brexit…), on the interpretation of Council Regulation (EC) No 2201/2003. The facts concern two Indian citizens habitually resident in […]
The Comité Français de Droit International Privé has launched the 6th edition of the Committee’s Thesis Award. For detailed information, see the official announcement. Eligible PhD dissertations are those written in French and defended between 1 January 2020 and 15 January 2021. The deadline for submissions is 16 February 2021.
This post is addressed, in particular, to my fellow colleagues of the ILA Committee Committee on the Protection of Privacy in Private International and Procedural Law; may we meet this year, in person. Violeta Friedman (1930–2000) was a Jewish Holocaust survivor born in Marghita, Transylvania, Romania. She became well-known in Spain thanks to a ruling […]
Not much to be reported on the activity of the Court for January 2021 on PIL (nor for February, as of today). The Opinion by AG Campos Sánchez-Bordona in C-913/19, CNP, will be delivered on 14 January. The request comes from the District Court in Białystok, and concerns an insurance case involving the interpretation of Chapter […]
As reported in other blogs (see for instance here and here), the Trade and Cooperation Agreement that the EU and the UK managed to conclude right before the end of the Brexit transition period does not seem to make any provision for judicial cooperation in civil matters. On the European side, the Notice to Stakeholders issued by […]
Directive (EU) 2020/1828 of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC was published on 4 December 2020 (OJ L 409/1). It consists of 79 recitals, 26 provisions (some of them actually looking as recitals, and vice-versa), and two Annexes, the second being a […]
December 2020 will be quiet at the Court (regarding private international law cases). The judgment in C-774/19 Personal Exchange International will be delivered (6th Chamber: Bay Larsen, Safjan, Jääskinen; no opinion, no hearing) on Thursday 10. The question was referred on September 5, 2019, by the Vrhovno sodišče Republike Slovenije (Slovenia): Must Article 15(1) of […]
I attended recently a discussion among scholars about the notion of periculum in mora for the purposes of Article 7 of the Regulation 655/2014. In this context, attention was drawn to the decision of the Tribunal da Relação de Guimarães of 10 September 2020, which held (among other) that IV. The preservation order requires proof […]
The topic of international commercial courts or chambers was a trendy one a couple of years ago. It has been dropped to a large extent in academia – although, if I am not wrong, it will come up again in the form of a course at The Hague Academy in the next future. It remains […]
On 16 November 2020, the JURI Committee of the European Parliament will vote on the draft recommendations for second reading on the proposed directive on representative actions for the protection of the collective interests of consumers, the proposed regulation amending Regulation No 1206/2001 of 28 May 2001 on cooperation in the taking of evidence in […]
In a recent e-mail exchange, Paul Beaumont and Jayne Holliday (both working now at the University of Stirling) drew my attention to Article 14 of the Hague Convention on the civil aspects of international child abduction. The provision is certainly a rarity in the field of ascertaining and applying foreign law, and of recognition. It […]
Alfonso Luis Calvo Caravaca (University Carlos III, Madrid) and Javier Carrascosa González (University of Murcia) are the author of a treatise on private international law, in Spanish, titled Tratado de Derecho Internacional Privado. The three-volume work, published by Tirant lo Blanch, aims to provide an updated, systematic and comprehensive account of the discipline. Private international law […]
After the semaine blanche, the Court of Justice will deliver some judgments and opinions, starting on 11 November 2020, with C-433/19, Ellmes Property Services. The request has been referred by the Oberster Gerichtshof (Austria), in a case where the applicant seeks to prevent the use of the apartment for tourist purposes, contrary to its designated use […]
In May 2019 a seminar took place in Madrid on the occasion of the 90th anniversary of UNIDROIT. A book has followed edited by Alfonso Luis Calvo Caravaca (Universidad Carlos III, Madrid) and Ignacio Tirado Martí (Universidad Autónoma, Madrid, current Secretary General of UNIDROIT), with contributions in English and Spanish from Lena Peters, Alfonso Luis […]
Complaints about the inefficiency of enforcement mechanisms at national and transnational level are not new. The insufficiency of existing national and international legal frameworks is a growing cause for concern at all levels. Academics and practitioners acknowledge the fundamental importance of procedures and mechanisms for the effective enforcement of creditors’ claims both in domestic and in […]
No decisions on PIL matters will be taken this month. However, a couple of opinions will be published, and a hearing will be held. AG’s Spuznar opinion on C–469/19, All in One Star, will be delivered on 14 October 2020. The request from the German Bundesgerichtshof was lodged on 19 June 2019. The questions submitted […]
On 14 August 2020, the Department of European and Comparative Procedural Law of the MPI Luxembourg met online with a special invitee, Steven Gee QC, joining actually from Hong Kong, where he was staying at the time. Mr. Gee is the author of a treatise on, and entitled, Commercial Injunctions (Sweet & Maxwell, last edition […]
What is ‘habitual residence’ for the purposes of the EU regulations on family matters (succession included)? The questions, coupled with the one on how many habitual residences a person may have for the same purposes, is a known source of headaches for the national courts. In the last months, several requests for a preliminary ruling […]
On the occasion of the 70th birthday of Herbert Kronke, pupils, friends, companions and colleagues got together to honor him with this commemorative publication. As director of the Institute for Foreign and International Private and Business Law at the University of Heidelberg, as Secretary General of UNIDROIT, as a member of the German Council for International […]
On 27 September 1968, the (then) six member States of the European Communities signed the Brussels Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters. On the occasion of the 50th anniversary of this milestone, the European Court of Justice and the Max Planck Institute Luxembourg held an international conference on the […]
Holidays are over, it is time for all the services of the Court to resume full activity. As regards private international law, September 2020 will start with the delivery, on Thursday 3, of the 1st Chamber (Bonichot, Safjan, Bay Larsen, Toader, Jääskinen) judgment in C-186/19, Supreme Site Services e.a.: a request for a preliminary ruling […]
On 7 July 2020, the Members of the Committee on Legal Affairs will vote on the provisional agreement resulting from the interinstitutional negotiations on representative actions for the protection of the collective interests of consumers. The text is available here. Here are some points of interest (and a few on-the-spot comments). 1. The resulting document […]
Before the judicial holiday, several decisions will be delivered regarding EU instruments on private international law. The decision of the 1st Chamber (Bonichot, Safjan, Bay Larsen, Toader, Jääskinen) in C-343/19, Verein für Konsumenteninformation, regarding Article 7.2 of the Brussels I bis Regulation, is due on 9 July 2020. M. Safjan is the reporting judge; AG Campos’s […]
Still on the application of foreign law (see my previous post here), a second topic has caught my eye: that of free access providers of legal information – the ‘Legal Information Institutes’ (‘LII’s), directly related to the ‘Free Access to Law Movement’. I have never really reflected about them; even less, about what their role […]
On 22 June 2020, Parliament and Council negotiators reached a deal on the first EU-wide rules on collective redress. The new rules introduce a harmonised model for representative action in all member states that guarantees consumers are well protected against mass harm, while at the same time ensuring appropriate safeguards from abusive lawsuits. The new […]
While doing some research on the topic of the application of foreign law (frustrating: nothing has happened at the international level since the issue was given up at the Hague some years ago), I have come across some publications on related topics which I believe deserve attention. One of them is whether there is a human […]
On 28 May 2020, the German Federal Court of Justice (BGH) decided to refer a question for a preliminary ruling to the ECJ regarding Articles 80 and 84 of the General Data Protection Regulation (GDPR). The case, brought by consumer protection groups, is about the alleged violation, by the operator of a social network, of the obligation to […]
In February 2020, the Spanish Constitutional Court ordered the review of a judgment requiring the actor Christopher Lee to pay 710.000 Euros to the author of a painting that was used to promote a film without the latter’s permission. The Court considered that the Commercial Court of Burgos (Spain) had violated Lee’s fundamental right to an effective […]
On 25 May 2020, the CJEU has resumed its activity. This means hearings will be held again. None is scheduled for June on PIL matters, though. The decision of the third Chamber (Prechal, Rossi, Malenovský, Biltgen, Wahl) in C-41/19, FX, is expected for 4 June. The case arises from a request for a preliminary ruling made […]
At its fifty-second session, in 2019, UNCITRAL considered a proposal from the European Union on applicable law in insolvency proceedings (A_CN.9_995_E). UNCITRAL agreed on the importance of the topic, which complemented the significant work already done by UNCITRAL in the area of insolvency law, in particular cross-border insolvency. However, UNCITRAL also observed that the subject […]
In response to the COVID-19 pandemic and following a video message of the Secretary General, the Permanent Bureau (PB) of the Hague Conference on Private International Law has developed a COVID-19 Toolkit. The COVID-19 Toolkit spots situations covered by Hague instruments on which the pandemia may have a particular impact, and compiles references to specific […]
Professor (and co-editor of this blog) Gilles Cuniberti has published a new article on SSRN, entitled Signalling the Enforceability of the Forum’s Judgments Abroad, where he addresses the already well documented issue of the rise of international commercial courts (and chambers), from a very specific point of view – that of the recognition of the […]
Due to the circumstances, all oral hearings at the CJEU scheduled until 25 May 2020 are postponed to a later date. Regarding private international law, the judgment in C-641/18, Rina, a request for a preliminary ruling referred by the District Court of Genoa (Italy), will be read on 7 May 2020. The case requires the Court […]
The sixth edition of Derecho de los Negocios Internacionales, a treatise on international business law authored by José Carlos Fernández Rozas, Rafael Arenas García and Pedro Alberto De Miguel Asensio, was published in March 2020 by the Spanish publisher Iustel. The new edition is arranged into the following sections: Regulating Cross-Border Business Activities; Intellectual Property, […]
Confinement has severely curtailed our freedom of movement, but it has certainly not put an end to disagrements and disputes. Citizens and businesses needing to take procedural action in a cross-border case may be unable to do so due to emergency measures taken in an EU Member State in order to counter the spread of […]
The Max Planck Institute Luxembourg has launched a call for applications for PhD scholarships in 2021. Advanced doctoral students working in comparative procedural law, international procedural law and adjudication are invited to apply by 15 May 2020. While proficiency in English is compulsory to be able to participate in the Institute’s scientific activities, the call is […]
April 2020 opened at the Court of Justice with the publication of two AG’s opinions, as announced: AG Saugmandsgaard Øe‘s on case C-186/19 (so far, not available in English), and AG Campos Sánchez-Bordonas’ on case C- 343/19 (press release here). The latter have already been widely reported in the news (see for instance here, here […]
On 26 March 2020, advocate general Tanchev delivered his Opinion on the JE case (case C-249/19) – the first case to be decided by the CJEU on the Rome III Regulation on the law applicable to divorce and legal separation (Regulation 1259/2010). At stake is the interpretation of Article 10 of the Regulation, according to which, ‘Where the […]
The readers of this blog may have noticed that very little has been published by the Court of Justice lately. Actually, a message was posted on 19 March 2020 on the website of the Court, reading as follows: Owing to the unprecedented health crisis that we are currently experiencing, the Court of Justice is obliged temporarily […]
The Permanent Bureau of the Hague Conference on Private International Law is seeking two legal officers. Candidates are expected to possess, among others, two years of relevant full-time professional experience (e.g., in practice, government, academia, IGOs or NGOs). They must also be nationals of Member States of the Conference. Duties include general assistance in various areas of […]
No hearings on requests for a preliminary ruling concerning private international law are scheduled for March 2020. Conversely, several opinions and one judgment will be delivered. Case C-249, JE On March 24, AG Tanchev (Bulgaria) will give his Opinion in JE. The case concerns the interpretation of Article 10 of the Rome III Regulation on the law applicable […]
Following the adoption of the Judgments Convention, on 2 July 2019, the Hague Conference on Private International Law has resumed its exploratory work on the possible elaboration of an instrument dealing with jurisdiction in civil and commercial matters (the Jurisdiction Project). From 18 to 21 February 2020, the Experts’ Group set up for this purpose […]
Triggered by recent events, notably the Dieselgate scandal, collective redress is now back on the EU civil justice agenda (see here). It is also the subject matter of requests for preliminary rulings addressed to the CJEU (see, concerning a situation with cross-border implications, the currently pending case C-709/19, Vereniging van Effectenbezitters). A conference on the topic, […]
On 10 February 2020, the European Commission announced its intention to open a process of consultation to get feedback from citizen and stakeholders on whether the EU should join the Hague Convention of 2 July 2019 on the recognition and enforcement of foreign judgments in civil or commercial matters (the Hague Judgments Convention). In the words of the […]
In 2006 a German patient received, in Germany, defective breast implants manufactured by Poly Implant Prothèse SA (‘PIP’), a French undertaking that is now insolvent. The patient seeks compensation before the German courts from Allianz IARD SA, the French insurer of PIP. In France, manufacturers of medical devices are under a statutory obligation to be […]
In 2016, an application for the recognition of a judgment rendered by the Southern District Court of New York against the State of Iran, some of its emanations and other non-State parties was filed with a Luxembourg court. If recognised, this U.S. judgment, which awarded 1.3 billion USD of compensatory damages and 4.7 billion USD […]
Compared to January (with the hearings I had announced here, plus AG Szpunar’s opinion on Rina, delivered on the 14th), February 2020 will be a quiet month at the Court in terms of private international law, with just AG Bobek’s opinion in FX v GZ (case C-41/19) being scheduled for the 27th. The case concerns both the Maintenance […]
Adriani Dori, a research fellow at the MPI Luxembourg, has drawn my attention to a decision to request a preliminary ruling by the Court of Appeal of England and Wales in the case of Mandy Gray v. Hamish Hurley. The questions raised to the application of the Brussels I bis Regulation. They read as follows: Does […]
According to a press release published on 9 January 2020, the MEPs can soon start negotiating the final shape that the legislation will take with Council. The Legal Affairs Committee confirmed the European Parliament’s negotiating position with 20 votes in favour and 2 abstentions. The draft rules allow eligible entities, such as consumer organisations and […]
On 12 December 2019, Judge Bruno Simma and the Drafting Team of The Hague Rules on Business and Human Rights officially launched The Hague Rules at the Peace Palace in the Hague. Having been a member of the Sounding Board, I was indeed happy to see the Project achieved and the Rules out. Of course, […]
Private International Law kept the Court busy in 2019 (23 cases were decided only on the “Brussels system”, either by judgment or order of the Court). 2020 looks promising as well. Three hearings are already scheduled for January: case C-80/19, E.E., from Lithuania (several provisions of the Succession Regulation); case C-59/19, Wikingerhof, from Germany (on […]
Background On 11 April 2018, the Commission published a proposal for a new Directive on representative actions for the protection of the collective interests of consumers, and repealing Directive 2009/22/EC. The proposal follows the REFIT Fitness Check of EU consumer and marketing law, published on 23 May 2017, which showed that due to globalisation, the […]