Starkinvest: Can an EAPO be Used to Secure a Penalty Payment?
This post was written by Carlos Santaló Goris (Lecturer at the European Institute of Public Administration in Luxembourg). On 20Continue Reading
Author: Marta Requejo Isidro
Legal Secretary CJEU
Full Professor PIL
University of Santiago de Compostela (Spain)
Senior research fellow MPI Luxembourg (on leave)
Usual disclaimer applies
May 2023 at the Court of Justice of the European Union
In May 2023, the Court will decide on C-264/22, Fonds de Garantie des Victimes des Actes de Terrorisme and d’AutresContinue Reading
April 2023 at the Court of Justice of the European Union
On 20 April 2023, the Court will reply to the following questions from the Tribunal de première instance de LiègeContinue Reading
Books Conventions and other international instruments Developments in PIL Normative texts Scholarship
The Singapore Convention on Mediation – A Commentary
Mediation has acquired a growing and unstoppable implantation during the last years, becoming an alternative dispute mechanism for the resolutionContinue Reading
The Court of Justice of the European Union and Private International Law
El Tribunal de Justicia de la Unión Europea y el Derecho Internacional Privado (The Court of Justice of the EuropeanContinue Reading
Unified Patent Court Agreement – Sunrise Period Ongoing
As many readers of the blog surely know already, the Unified Patent Court Agreement (UPC Agreement) will enter into forceContinue Reading
March 2023 at the Court of Justice of the European Union – An Update
On 30 March 2023, just before the Easter holidays, the Court of Justice will deliver two judgments on the interpretationContinue Reading
Private International Law of Out-of-Court Divorce. The Spanish Case in a Nutshell
Following the publication of her monograph on PIL and non-judicial divorce, I have invited Nuria Marchal Escalona to provide anContinue Reading
March 2023 at the Court of Justice of the European Union
On 9 March 2023, the Court will deliver the judgment in C-177/22, Wurth Automotive. The Landesgericht Salzburg (Austria) referred the followingContinue Reading
Non-Judicial Divorce in Private International Law
The number of States which, pressed by the need to relieve and speed up the work of the courts, haveContinue Reading
February 2023 at the Court of Justice of the European Union
In February 2023, the Court of Justice of the European Union will publish two decisions and one opinion, all threeContinue Reading
International Child Abduction in the European Union – New Monograph
La sustracción internacional de menores en el espacio jurídico europeo (International Child Abduction in the European Union), a monograh by PILContinue Reading
January 2023 at the Court of Justice of the European Union
The monthly program of the Court of Justice of the European Union regarding private international law, as of today, isContinue Reading
Heads up – On Public Policy and Hindrances to Access to Justice
A request for a preliminary ruling from the Areios Pagos (Greece) is pending before the Court of Justice in theContinue Reading
European Commission Proposal for a Regulation on Private International Law Rules Relating to Parenthood
On 7 December 2022, as announced through the Commission Press Corner, the European Commission adopted a proposal for a Regulation aimedContinue Reading
December 2022 at the Court of Justice (and First Request on Regulation 2019/1111)
December is a relatively short month at the Court of Justice. Very little is happening in PIL (much more onContinue Reading
November 2022 at the CJEU- An Update
Advocate General Szpunar’s opinion on C-651/21 – М. Ya. M. (Renonciation à la succession d’un cohéritier) was published last Thursday.Continue Reading
November 2022 at the Court of Justice of the European Union
This November, more precisely on Tuesday 15, The Court will hand down the decision in C-646/20, Senatsverwaltung für Inneres und Sport,Continue Reading
An Opportunity to Reflect on Achievements and Challenges in EU Private International Law
Prompted by a kind invitation to participate in the International Weekend of ABILA (American Branch of the International Law Association,Continue Reading
Call for papers Case law Conferences, academic events etc. Developments in PIL Developments of PIL beyond the EU
Ukraine / EU Judicial Cooperation on Civil Matters – A Call for Contributions
Between 24 and 27 October 2022, an international congress on the impacts of the war in Ukraine will take placeContinue Reading
October 2022 at the Court of Justice of the European Union
All private international law events at the Court of Justice this month will take place on the same day, namelyContinue Reading
Update on the Insolvency Regulation
A quick update related to the insolvency regulation (Regulation 2015/848): on 30 August 2022 the Commission adopted Decision (EU) 2022/1437Continue Reading
September 2022 at the Court of Justice of the European Union
Those in Luxembourg on 8 September 2022 may want to attend the hearing in case C-393/21, Lufthansa Technik AERO Alzey.Continue Reading
Conventions and other international instruments Developments in PIL Normative texts Public consultations
Unidroit Draft Model Law on Factoring: Online Consultation
The International Institute for the Unification of Private Law (Unidroit) is conducting an online consultation on the draft Model LawContinue Reading
August 2022 at the Court of Justice of the European Union
In spite of the vacation period, several judgments have been handed down on 1 August 2022. One of them concernsContinue Reading
ILA Guidelines on Privacy Endorsed
On 23 June 2022, the Lisbon Guidelines on Privacy, drawn up by the ILA Committee on the Protection of PrivacyContinue Reading
July 2022 at the Court of Justice of the European Union
Due to the summer holiday, July 2022 will be a brief month at the Court in terms of delivery ofContinue Reading
Council Decision on the Signing of the MAC Protocol Published
Council Decision (EU) 2022/1022 of 9 June 2022 on the signing, on behalf of the European Union, of the ProtocolContinue Reading
Update on June 2022 at the Court of Justice – Judgment on C 700/20
This is an update on my monthly post on the Court of Justice of the European Union, in order toContinue Reading
e-CODEX Regulation Published
Regulation (EU) 2022/850 of the European Parliament and of the Council of 30 May 2022 on a computerised system for theContinue Reading
June 2022 at the Court of Justice of the European Union
June 2022 starts at the Court of Justice with the publication of two decisions of PIL interest this Thursday, 2Continue Reading
Proposal for a Directive on Protecting Persons Who Engage in Public Participation from SLAPPs
Strategic lawsuits against public participation, commonly known as ‘SLAPPs’, are a particular form of harassment used primarily against journalists andContinue Reading
May 2022 at the Court of Justice of the European Union
May 2022 starts with the hearing in C-354/21 Registrų centras, on Regulation n° 650/2012, next Wednesday. In the case atContinue Reading
China/Singapore Supreme Courts’ MoU on Cooperation Regarding Foreign Law
While reflecting once more about the efforts to reach a forum-ius parallelism via interpretation of the grounds for jurisdiction andContinue Reading
Strategic Litigation – A New Phenomenon in Civil Litigation? – Max Planck Law Curriculum Course
Since the Millennium, public interest litigation has become a growing phenomenon in civil courts. Activists and NGOs are filing civil lawsuits,Continue Reading
April 2022 at the Court of Justice of the European Union
On 7 April 2022, the Court will deliver the judgment in C-568/20, H Limited. The request, with three questions, wasContinue Reading
One Year Since Brexit – Special Issue of La Ley-Unión Europea
On 1 January 2021, the divorce between the United Kingdom and the European Union became effective. Where do we standContinue Reading
March 2022 at the Court of Justice of the European Union
In March 2022 the Court of Justice will publish three judgments and three opinions. Judgments The decisions correspond to casesContinue Reading
February 2022 at the Court of Justice
Due to the ‘semaine blanche’, February is usually a short month at the Court of Justice. However, several PIL-related activities areContinue Reading
New Annexes A and B for Regulation 2015/848
Annexes A and B to the insolvency Regulation list, respectively, the national insolvency proceedings and national insolvency practitioners (as notifiedContinue Reading
La Ley Unión Europea – A Selection of Articles Published in 2021
La Ley – Unión Europea is a Spanish journal published monthly by Wolters Kluwer under the editorship of Professor FernándezContinue Reading
January 2022 at the Court of Justice of the European Union
After the Christmas break the Court of Justice takes up again its public activity. Regarding judicial cooperation on civil matters,Continue Reading
Update – December at the Court of Justice of the European Union
The jugdment on C-251/20, Gtflix, will be published on Tuesday 21. The request for a preliminary reference of the FrenchContinue Reading
December 2021 at the Court of Justice of the European Union
As far as PIL is concerned, December 2021 at the CJEU starts with AG M. Campos Sánchez-Bordona’s opinion on C-645/20,Continue Reading
Lis Pendens and Res Judicata under the ELI/UNIDROIT Model European Rules of Civil Procedure
This post introduces the paper by Fernando Gascón and Guillermo Schumann published in Ius Dictum, 5, 2021, The rules on lis pendens andContinue Reading
Fifth Edition of the Commentary Schlosser/Hess Europäisches Zivilprozessrecht
The new edition of the Commentary on EU-Zivilprozessrecht: EuZPR authored by Professor Dr. Dr. h.c. Peter Schlosser, Emeritus at the LudwigContinue Reading
The Volvo Case and the Spanish Supreme Court
In October 2021, the Spanish Supreme Court had the opportunity to show its willingness to follow the Court of JusticeContinue Reading
November 2021 at the Court of Justice of the European Union
In November 2021 the activity of the Court of Justice in the field of Private International Law appears to beContinue Reading
October at the Court of Justice, Update – Again on Jurisdiction and Insurances
Today, the Court of Justice has published its judgement in C 393/20, a request for a preliminary ruling from theContinue Reading
Spanish Yearbook of International Law, Open Access in English
In the last decades, Spanish academia has seen a growing number of journals devoted, exclusively or not, to PIL issues.Continue Reading
October 2021 at the Court of Justice of the European Union
Only one judgment on PIL matters, namely the one in C-581/20, TOTO (first chamber: judges Bonichot, Bay Larsen, Safjan, JääskinenContinue Reading
Revista Electrónica de Estudios Internacionales, June 2021
The Revista Electrónica de Estudios Internacionales (REEI), whose current editor-in-chief is Prof. de Miguel Asensio, a founding member of theContinue Reading
On Article 7(2) Brussels Ibis: the Opinion of AG Hogan on the “Mosaic” Solution, and More
It is not frequent that a request for a preliminary reference on matters concerning civil and commercial litigation is assignedContinue Reading
September 2021 at the Court of Justice of the European Union
In September 2021 the Court of Justice of the European Union will deliver several decisions on PIL issues. The firstContinue Reading
Europeanisation of Civil Procedural Law: Disruption or Consolidation?
On 9 and 10 September 2021, the Max Planck Institute Luxembourg for Procedural Law will host the 7th Conference of YoungContinue Reading
August 2021 at the Court of Justice
The decision corresponding to case C-262/21 PPU A, will be delivered on 2 August 2021. It corresponds to a preliminaryContinue Reading
The Use of SLAPPs to Silence Journalists, NGOs and Civil Society
Strategic Lawsuits Against Public Participation (SLAPP) can be defined as lawsuits intended to intimidate and silence critics by burdening themContinue Reading
July 2021 at the Court of Justice of the European Union
July is a short month at the Court of Justice, but a busy one. Already on 1 July 2021 theContinue Reading
IDI Draft Resolution on Human Rights and Private International Law
In spite of the numerous studies and decades of analysis, the interface between private international law and human rights keepsContinue Reading
EU Private Law. Anatomy of a Growing Legal Order, by Jürgen Basedow
Professor Jürgen Basedow does not need any introduction. A volume published by Intersentia, titled EU Private Law. Anatomy of aContinue Reading
June 2021 at the Court of Justice of the European Union
In June 2021 the CJEU will rule on in two cases of interest for private international law. On 3 JuneContinue Reading
Will Super League Be Played at the Court of Justice?
On 11 May 2021, the Juzgado de lo Mercantil nr. 17 of Madrid has submitted a request for a preliminaryContinue Reading
SIFoCC Multilateral Memorandum on Enforcement, Now with Commentary
As reported by Pietro Franzina last January, the Standing International Forum of Commercial Courts (SIFoCC), which brings together the commercial courtsContinue Reading
May 2021 at the CJEU
In May 2021 the activity of the CJEU regarding PIL will focus on insolvency and civil and commercial matters. TheContinue Reading
European Super League: Spanish Court Issued Interim Measures against FIFA and UEFA
On 20 April 2021 the Commercial Court number 17 of Madrid granted provisional measures forbidding FIFA and UEFA (and anyContinue Reading
AG Kokott on C-490/20, V.M.A. v Stolichna Obshtina, Rayon ‘Pancharevo’
Advocate General Kokott’s Opinion in Case C-490/20 V.M.A. v Stolichna Obshtina, Rayon ‘Pancharevo’ was published on 15 April 2021 (theContinue Reading
Cuadernos de Derecho Transnacional, 2021/1
The Spanish online journal Cuadernos de Derecho Transnacional, edited by the University Carlos III of Madrid under the directorship ofContinue Reading
Max Planck Luxembourg PhD Scholarships 2022 – Call for Applications
Among the goals pursued by the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law is to promoteContinue Reading
Another “Fiftieth Anniversary”: The AETR decision of the Court of Justice
I am not especially keen on celebrating anniversaries. However, as things stand now in the European Union I thought itContinue Reading
COVID-19 Gets to the CJEU (in the Form of a Request for a Preliminary Ruling)
COVID – or rather, its consequences on legal relationships – has arrived to the CJEU in the form of aContinue Reading
International Adoption and the Domestic Allocation of Competences: Children at the Heart of the Political Controversy
According to a press release of the Spanish Constitutional Court, on 23 February 2021 the Plenary has partially ruled inContinue Reading
March 2021 at the CJEU (and a Preview on April)
To the best of my knowledge, March 2021 will be another quiet month at the Court (for private international lawContinue Reading
A Few Questions Raised by the New EU Judicial Training Strategy
All the recent studies I am aware of on the application in practice of the EU private international law instrumentsContinue Reading
February 2021 at the Court of Justice of the European Union
February starts with a hearing on 4 February in a PPU case. C-603/20 PPU MCP is a preliminary reference fromContinue Reading
Comité Français de Droit International Privé, Prix de Thèse 2020
The Comité Français de Droit International Privé has launched the 6th edition of the Committee’s Thesis Award. For detailed information,Continue Reading
Time to Test the Center-of-Interest Connecting Factor. ‘Violeta Friedman’ from the Standpoint of Article 7(2) Brussels I Bis Regulation
This post is addressed, in particular, to my fellow colleagues of the ILA Committee Committee on the Protection of PrivacyContinue Reading
January 2021 at the Court of Justice of the European Union
Not much to be reported on the activity of the Court for January 2021 on PIL (nor for February, asContinue Reading
On Brexit and the Absence of Cooperation on Civil and Commercial Matters
As reported in other blogs (see for instance here and here), the Trade and Cooperation Agreement that the EU andContinue Reading
The Directive on Representative Actions for the Protection of the Collective Interests of Consumers Published
Directive (EU) 2020/1828 of 25 November 2020 on representative actions for the protection of the collective interests of consumers andContinue Reading
December 2020 at the Court of Justice of the European Union
December 2020 will be quiet at the Court (regarding private international law cases). The judgment in C-774/19 Personal Exchange InternationalContinue Reading
An Autonomous Notion of Periculum in Mora?
I attended recently a discussion among scholars about the notion of periculum in mora for the purposes of Article 7Continue Reading
New Courts for International Commercial Disputes in Germany
The topic of international commercial courts or chambers was a trendy one a couple of years ago. It has beenContinue Reading
European Parliament to Vote on Collective Redress, Taking of Evidence and Service of Documents
On 16 November 2020, the JURI Committee of the European Parliament will vote on the draft recommendations for second readingContinue Reading
Taking Notice Directly of Foreign Law in Child Abduction Proceedings
In a recent e-mail exchange, Paul Beaumont and Jayne Holliday (both working now at the University of Stirling) drew myContinue Reading
A Treatise on Private International Law by Calvo Caravaca and Carrascosa González
Alfonso Luis Calvo Caravaca (University Carlos III, Madrid) and Javier Carrascosa González (University of Murcia) are the author of a treatiseContinue Reading
November 2020 at the CJEU
After the semaine blanche, the Court of Justice will deliver some judgments and opinions, starting on 11 November 2020, with C-433/19,Continue Reading
Unidroit and the International Codification of Private Law
In May 2019 a seminar took place in Madrid on the occasion of the 90th anniversary of UNIDROIT. A bookContinue Reading
Conventions and other international instruments Developments in PIL Reports, recommendations, studies etc.
Towards UNIDROIT Transnational Principles of Effective Enforcement
Complaints about the inefficiency of enforcement mechanisms at national and transnational level are not new. The insufficiency of existing national andContinue Reading
October 2020 at the Court of Justice of the European Union
No decisions on PIL matters will be taken this month. However, a couple of opinions will be published, and aContinue Reading
On Antisuit Injunctions and Practical Jokes
On 14 August 2020, the Department of European and Comparative Procedural Law of the MPI Luxembourg met online with aContinue Reading
On ‘Habitual Residence’ under the EU Regulations on Family Matters: Once and for All?
What is ‘habitual residence’ for the purposes of the EU regulations on family matters (succession included)? The questions, coupled withContinue Reading
National, International, Transnational – Essays in Honour of Herbert Kronke
On the occasion of the 70th birthday of Herbert Kronke, pupils, friends, companions and colleagues got together to honor himContinue Reading
The 50th Anniversary of the European Law of Civil Procedure
On 27 September 1968, the (then) six member States of the European Communities signed the Brussels Convention on Jurisdiction andContinue Reading
September at the CJEU
Holidays are over, it is time for all the services of the Court to resume full activity. As regards privateContinue Reading
European Parliament to Vote on Representative Actions for the Protection of the Collective Interests of Consumers
On 7 July 2020, the Members of the Committee on Legal Affairs will vote on the provisional agreement resulting fromContinue Reading
July at the Court of Justice of the European Union
Before the judicial holiday, several decisions will be delivered regarding EU instruments on private international law. The decision of theContinue Reading
LIIs and Foreign Law
Still on the application of foreign law (see my previous post here), a second topic has caught my eye: thatContinue Reading
Agreement on EU-Wide Rules on Collective Redress
On 22 June 2020, Parliament and Council negotiators reached a deal on the first EU-wide rules on collective redress. TheContinue Reading
Is Access to Legal Information a Human Right? A Short Reflection on the Application of Foreign Law
While doing some research on the topic of the application of foreign law (frustrating: nothing has happened at the international levelContinue Reading
A Preliminary Reference on Article 80 GDPR (and Facebook Ireland Ltd into the Spotlight)
On 28 May 2020, the German Federal Court of Justice (BGH) decided to refer a question for a preliminary ruling toContinue Reading
A European Enforcement Order before the Spanish Constitutional Court
In February 2020, the Spanish Constitutional Court ordered the review of a judgment requiring the actor Christopher Lee to pay 710.000 EurosContinue Reading
June at the CJUE
On 25 May 2020, the CJEU has resumed its activity. This means hearings will be held again. None is scheduledContinue Reading
Conferences, academic events etc. Conventions and other international instruments Developments in PIL Normative texts
Applicable Law in Insolvency Proceedings at UNCITRAL
At its fifty-second session, in 2019, UNCITRAL considered a proposal from the European Union on applicable law in insolvency proceedingsContinue Reading
COVID-19 Response from The Hague Conference
In response to the COVID-19 pandemic and following a video message of the Secretary General, the Permanent Bureau (PB) ofContinue Reading
Signalling the Enforceability of the Forum’s Judgments Abroad
Professor (and co-editor of this blog) Gilles Cuniberti has published a new article on SSRN, entitled Signalling the Enforceability ofContinue Reading
May at the Court of Justice
Due to the circumstances, all oral hearings at the CJEU scheduled until 25 May 2020 are postponed to a laterContinue Reading
The Sixth Edition of Derecho de los Negocios Internacionales
The sixth edition of Derecho de los Negocios Internacionales, a treatise on international business law authored by José Carlos FernándezContinue Reading
Developments in PIL Domestic legislation Reports, recommendations, studies etc. Social, political, historical events
Impact of the COVID-19 Virus on the Justice Field: Information at the e-Justice Portal
Confinement has severely curtailed our freedom of movement, but it has certainly not put an end to disagrements and disputes.Continue Reading
MPI Luxembourg PhD Scholarships for 2021
The Max Planck Institute Luxembourg has launched a call for applications for PhD scholarships in 2021. Advanced doctoral students workingContinue Reading
April at the CJEU
April 2020 opened at the Court of Justice with the publication of two AG’s opinions, as announced: AG Saugmandsgaard Øe‘sContinue Reading
AG Tanchev’s Opinion on the Rome III Regulation
On 26 March 2020, advocate general Tanchev delivered his Opinion on the JE case (case C-249/19) – the first caseContinue Reading
Update on the Activity of the Court of Justice (March 2020)
The readers of this blog may have noticed that very little has been published by the Court of Justice lately.Continue Reading
Vacancies at the Hague Conference on Private International Law
The Permanent Bureau of the Hague Conference on Private International Law is seeking two legal officers. Candidates are expected toContinue Reading
March at the Court of Justice of the European Union
No hearings on requests for a preliminary ruling concerning private international law are scheduled for March 2020. Conversely, several opinionsContinue Reading
Work Resumes at the Hague Conference on a Possible Instrument on Direct Jurisdiction
Following the adoption of the Judgments Convention, on 2 July 2019, the Hague Conference on Private International Law has resumedContinue Reading
Collective Redress in the EU: A Conference in Trier
Triggered by recent events, notably the Dieselgate scandal, collective redress is now back on the EU civil justice agenda (seeContinue Reading
Should the EU Join the Hague Judgments Convention?
On 10 February 2020, the European Commission announced its intention to open a process of consultation to get feedback fromContinue Reading
Faites-vous opérer en France. AG Bobek on Article 18 TFEU
In 2006 a German patient received, in Germany, defective breast implants manufactured by Poly Implant Prothèse SA (‘PIP’), a FrenchContinue Reading
US Judgments on the 9/11 Terrorist Attacks: Enforceable in Europe?
In 2016, an application for the recognition of a judgment rendered by the Southern District Court of New York againstContinue Reading
February at the Court of Justice of the European Union
Compared to January (with the hearings I had announced here, plus AG Szpunar’s opinion on Rina, delivered on the 14th), FebruaryContinue Reading
CJEU to Rule Again on Anti-Suit Injunctions and EU Legislation Relating to Jurisdiction?
Adriani Dori, a research fellow at the MPI Luxembourg, has drawn my attention to a decision to request a preliminaryContinue Reading
Collective Redress: Legal Affairs Committee Confirms Parliament’s Negotiating Position on New EU Legislation
According to a press release published on 9 January 2020, the MEPs can soon start negotiating the final shape thatContinue Reading
Environmental Damage, Civil Liability and Jurisdiction (or Arbitration?)
On 12 December 2019, Judge Bruno Simma and the Drafting Team of The Hague Rules on Business and Human RightsContinue Reading
What Is On At the CJEU?
Private International Law kept the Court busy in 2019 (23 cases were decided only on the “Brussels system”, either byContinue Reading
Collective Interests of Consumers – a Directive in the Making
Background On 11 April 2018, the Commission published a proposal for a new Directive on representative actions for the protectionContinue Reading