The 2023 Reform of the Maltese Gaming Act: A Valid Ground to Reject the Issuance of an EAPO?
The author of this post is Carlos Santaló Goris, lecturer at the Centre for Judges and Lawyers of the EuropeanContinue Reading
Category: Case law
SKATtered Dreams: UK Supreme Court Limits Revenue Rule, Danish Tax Authority’s Fraud Claim Goes to Trial
This post has been written by Dr Bobby Lindsay, Lecturer at the University of Glasgow. He is the author ofContinue Reading
Finnish Supreme Court: Refugee’s Children must Return to Mother in Russia
A Russian father, who was long since separated from the mother of his children in Russia, came to Finland withContinue Reading
More on the Case of Indi Gregory
A post published a few days ago on this blog presented, and briefly discussed, the private international law issues raisedContinue Reading
Applicable Law to Time Limit to Enforce Foreign Judgments: the View of the French Supreme Court (Part I)
This is the second of a series of posts which will present how the issue of the applicable law toContinue Reading
Divergence in Time Limits on Applying for Declaration of Paternity Does Not Violate Public Policy
While EU harmonization in matters of parenthood is approaching, following the Commission’s proposal of last year [COM (2022) 695 final],Continue Reading
High Court Dismisses Jurisdictional Challenge to Enforcement of Yukos USD 50 bn Award against Russia
The Yukos saga is a gift that keeps on giving. Following the nationalisation of Yukos in 2007, former shareholders commencedContinue Reading
Italian Authorities Claim Jurisdiction to Protect Indi Gregory After English High Court Ruled Life Support Should Be Withdrawn
Indi Gregory is an eight-month-old child. She suffers from profound metabolic, neurological and cardiological disorders. At the time of writingContinue Reading
Corruption, Fraud, and Confidentiality in International Commercial Arbitration
It does not happen often that an arbitral award is successfully challenged in England for serious irregularity under section 68Continue Reading
November 2023 at the Court of Justice of the European Union (and an Update on October)
In November 2023, the Fourth Chamber of the Court of Justice, with C. Lycourgos presiding and O. Spineau-Matei reporting, willContinue Reading
Applicable Law to Time Limit to Enforce Foreign Judgments: the View of the Swiss Federal Tribunal
This is the first of a series of posts which will present how the issue of the applicable law toContinue Reading
Dyson Collects a ‘Brexit Dividend’ in a Business and Human Rights Case in England
Claimants suing multinational enterprises for business-related human rights abuses have recently had a good run in England. The Supreme CourtContinue Reading
The Court of Justice on Succession Regulation and Third State Nationals
On 12 October 2023, the Court of Justice of the EU, following an Opinion of the Advocate General Sánchez-Bordona, handedContinue Reading
Are English Courts Becoming the World’s Arbitral Policeman?
Where England is not the natural forum for the trial of the substantive dispute, the English court should not, asContinue Reading
French Supreme Court Confirms Foreign Adoption Judgments May Not Be Denied Exequatur for Lack of Consent of Legal Representatives
This post was written by Mathilde Codazzi, who is a doctoral student at the University Paris II Panthéon-Assas. In aContinue Reading
Former King of Spain, His Ex-Lover, and Brussels I bis in English Courts
That London is a global capital for dispute resolution is well known. But even by London standards, Corinna zu Sayn-Wittgenstein-SaynContinue Reading
London Steamship: English Court Declines to Follow Ultra Vires CJEU Judgment
On 20 June 2022, the CJEU rendered its judgment in London Steam-Ship Owners’ Mutual Assistance Association Ltd v Spain. The judgment,Continue Reading
The CJEU in Club La Costa (Part 2): Can Consumers Waive Protection Under Rome I?
The judgment by the CJEU in Club la Costa (decision of 14 September 2023, Case C-821/21), has already been analysedContinue Reading
Club La Costa (Part 1): Group-of-Companies Doctrine and Proof of Corporate Domicile under Brussels I bis
The group-of-companies doctrine allows attributing obligations of one group member to another. It may also be used to justify aContinue Reading
Privy Council Rules on Article II(3) NYC and the Arbitrability of a Winding-Up Petition
I have already reported that the UK Supreme Court ruled on the meaning of a “matter” in Article II(3) ofContinue Reading
UK Supreme Court Rules on the Meaning of a “Matter” in Article II(3) NYC
Article II(3) of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (NYC) provides: TheContinue Reading
Flatow v. Iran – French Supreme Court Rules on Sovereign Immunity in Exequatur Proceedings
In a judgment of 28 June 2023, the French Supreme Court for Private and Criminal Matters (Cour de cassation) ruledContinue Reading
Protecting EU Consumers from Unfair Terms – In the Whole Universe?
The Ineradicable Special Consumer Conflicts Rule This post is not about Article 6 Rome I, but about Article 6 ofContinue Reading
CJEU Rules Quasi Antisuit Injunctions Violate Mutual Trust
On 7 September 2023, the Court of Justice of the European Union ruled in Case C-590/21, Charles Taylor Adjusting that judgementsContinue Reading
Two Weddings, Two Children, Two Fathers? – The German Supreme Court Works its Magic
This post was written by Verena Wodniansky-Wildenfeld, University of Vienna. On 8 March 2023, the German Supreme Court issued aContinue Reading
September 2023 at the Court of Justice of the European Union
Holidays are over and September 2023 will be a busy month at the Court of Justice also as regards privateContinue Reading
The European Court of Human Rights Again on Surrogacy and Article 8 ECHR: C v Italy
On 31 August 2023, the European Court of Human Rights has handed out its decision regarding application in case C.Continue Reading
Italian Supreme Court Rules on Jurisdiction over International Design Rights
The author of this post is Lydia Lundstedt, a Senior Lecturer at the Stockholm University. By a ruling of 17Continue Reading
CJEU Rules Court of Place of Wrongful Removal can be Better Placed Court under Brussels II bis
On 13 July 2023, the Court of Justice of the European Union ruled in case C-87/22 that the court of aContinue Reading
SCOTUS Holds that Lanham Act Does Not Apply to Trademark Infringement Abroad
The author of this post is Lydia Lundstedt, who is a Senior Lecturer at Stockholm University. The United States hasContinue Reading
The Court of Justice on the Duration of the Habitual Residence of a Spouse for the Purposes of the Brussels II bis Regulation
On 6 July 2023 the Court of Justice issued a judgement in BM v LO (C-462/22). The ruling provides guidance asContinue Reading
Polish Supreme Court Reacts to Concerns on Rule of Law and Independence of Judiciary in Poland
On 30 June 2023, the Supreme Court of Poland issued an interlocutory order (II CSKP 1518/22) in a case regardingContinue Reading
July 2023 at the Court of Justice of the European Union
Before the judicial holiday starting mid July the Court will deliver (as of today) decisions on two private international lawContinue Reading
What Law Applies to the Issue of Res Judicata?
Should a foreign judgment entail in the requested State the res judicata effect that it has in the country of origin? OrContinue Reading
The Aftermath in Italy of the Ruling of the European Court of Human Rights in BEG
The author of this post is Michele Grassi, who is a post-doc at the University of Milan. In 2010, BechettiContinue Reading
Horizontal Solange Modified? Judicial Cooperation in Civil and Commercial Matters in the Rule of Law Crisis
This post was written by Felix M. Wilke. Many papers and posts have already appeared on the EU rule ofContinue Reading
French Supreme Court Denies Enforcement to Judgment on Ground of Evasion of an Arbitral Award
In a judgment of 17 May 2023 (Albaniabeg Ambient sh.p.k v. v. Enel Spa), the French supreme court for privateContinue Reading
The Italian Court of Cassation Rules on Public Policy in Labour Disputes
On 7 March 2023, the Italian Court of Cassation rendered a judgment (No 6723/2023) on the public policy exception as a ground forContinue Reading
Which Law Governs UK’s Participation in the “War on Terror”?
This post was written by Ugljesa Grusic, Associate Professor at University College London. It offers a preview of the upcoming developments relatingContinue Reading
June 2023 at the Court of Justice of the European Union
June 2023 begins at the Court of Justice with the decision in case C-567/21, BNP Parisbas, which will be readContinue Reading
CJEU Rules on Scopes of Lex Loci Delicti and Lex Subrogationis
On 17 May 2023, the CJEU delivered its judgment in Fonds de Garantie des Victimes des Actes de Terrorisme etContinue Reading
The Swedish Supreme Court on the Localisation of Satellite Broadcast
The author of this post is Lydia Lundstedt, Senior Lecturer at the Stockholm University. Under Swedish copyright law, broadcasting organizationsContinue Reading
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
Bulgarian Supreme Court Judgment on Pancharevo – Correct Answer to a Wrong Question
This post was written by Nadia Rusinova (Hague University of Applied Sciences). The judgment of the Court of Justice ofContinue Reading
CJEU on Jurisdiction over Targeted Actions under the EU Trade Mark Regulation
The author of this post is Lydia Lundstedt, who is a Senior Lecturer at the Stockholm University. On 27 AprilContinue Reading
French Supreme Court Refers Validity of Asymmetrical Clauses to CJEU
This post was authored by François Mailhé, who is Professor of Private Law at the University of Picardie Jules Verne.Continue Reading
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
The Austrian Supreme Court on a Slippery Slope: The FIS Rules of Conduct and Article 17 of the Rome II Regulation
The author of this post is Verena Wodniansky-Wildenfeld, University of Vienna. Since the introduction of the Rome II Regulation, the questionContinue Reading
The Place of Financial Loss – The Court of Appeal for England and Wales in Kwok Ho Wan v UBS
Determining financial loss has become the neuralgic point of Art 7(2) Brussels Ibis and Art 4(1) Rome II Regulation. ByContinue Reading
ECtHR Overrules Danish Anti-Surrogacy Judgment
On 6 December 2022, the European Court of Human Rights (ECtHR) ruled in the Danish surrogacy case of K.K. andContinue Reading
CJEU Rules on “Implied Waiver” of Consumer Status under Brussels I bis
On 9 March 2022, the CJEU ruled on the concept of “consumer” under Article 17(1)(c) of Brussels I bis RegulationContinue Reading
(Again) On the Notion of “Judgment” and “Court” in EU Private International Law.
“A rose is a rose is a rose”, goes the famous quote. It indicates a basic, intuitive truth: the wordsContinue 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
Infringement Procedure against Poland: Failure to Enforce English Return Orders
This post was written by Gilles Cuniberti and Anna Wysocka-Bar. On 26 January 2023, the European Commission has launched anContinue Reading
Further Remarks on the Enforceability of Worldwide Freezing Orders in Italy
The author of this post is Stefano Ferrero, partner at Gattai Minoli, Milan. As a follow-up to the post byContinue Reading
Worldwide Freezing Injunctions Granted in Common Law Jurisdictions: A Civil Law Perspective
Freezing orders, i.e., orders that prevent a person from disposing of their assets pending a determination as to the existenceContinue Reading
The European Certificate of Succession and the Recording of Immovable Property in Land Registers
The author of this post is Francesca Maoli (University of Genova). On 9 March 2023, the CJEU delivered a judgmentContinue Reading
Res judicata under the Brussels I Regulation: AG Pikamäe’s Opinion
This post was contributed by Fabienne Jault-Seseke, who is Professor at University Paris Saclay (UVSQ), and a member of GEDIP.Continue 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
French Supreme Court Rules Certificate Provided for in Article 53 Brussels I bis May Be Served 5 Minutes before Enforcement
In a judgment of 11 January 2023, the French supreme court for private and criminal matters (Cour de cassation) ruled thatContinue Reading
Qatari State Immunity for Employment Court Procedure in Sweden
In a decision of November 2022, the Swedish Labour Court held that Qatar had, at least in part, the rightContinue 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
French Supreme Court Rules on Scope of Exclusive Jurisdiction over Company Registry
In a judgment of 11 January 2023, the French supreme court for private and criminal matters (Cour de cassation) ruledContinue Reading
On the Application of the Rome I Regulation to Highway Tolls – When Germans Travel to Hungary…
… they sometimes forget to buy the compulsory toll ticket (“e-vignette”) in advance or make mistakes when filling out theContinue Reading
Paris Court of Appeal Rules on Law governing Misappropriation of Funds
Mathilde Codazzi, who is a master student at the University Paris II Panthéon-Assas, contributed to this post. In a judgmentContinue Reading
French Supreme Court Rules on the Application of Anational Norms under the 1980 Rome Convention
This post was contributed by Catherine Kessedjian, Professor Emerita of the University Paris Panthéon-Assas and Chair of the ADI/ILA 2023Continue Reading
CJEU Rules Search Powers Exclude the Application of the Brussels I bis Regulation
On 22 December 2022, the CJEU ruled on the concept of civil and commercial matters in Eurelec Trading & ScabelContinue Reading
Private International Law and Climate Change: the “Four Islanders of Pari” Case
In a post published on this blog in 2022, I addressed the relationship between private international law (PIL) and strategicContinue 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
French Supreme Court Rules on Wrongful Application of Brussels I Regulation to Enforcement of a Judgment
In a judgment of 7 September 2022, the French supreme court for private and criminal matters (Cour de cassation) addressedContinue Reading
UK Supreme Court Rules on Law Applicable to Contribution Claims
On 2 November 2022, the UK Supreme Court delivered its judgment in The Soldiers, Sailors, Airmen and Families Association –Continue Reading
CJEU Rules on Formal Validity of Online Jurisdictional Clauses
On 24 November 2022, the Court of Justice delivered an interesting judgment on the validity of a digital jurisdictional clause,Continue 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
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
In the Aftermath of the MPA Case: Is the Wife Able to Divorce?
The author of this post is Cristina González Beilfuss (University of Barcelona). The MPA case (Case C-501/20), decided by the CJEUContinue Reading
German Constitutional Court Stays Enforcement of a Spanish Child Return Order
This post was contributed by Caroline Sophie Rupp, who is a professor at the University of Kiel. To vary anContinue Reading
EU Private International Law before the ECJ: Back to Procedural Issues
This is the last post in the series dedicated to the empirical analysis of the ECJ’s case law in theContinue Reading
EU Private International Law before the ECJ: the Participation of States, Institutions and Parties
As announced in the first post in this series, I will continue my empirical analysis of the ECJ’s case lawContinue Reading
EU Private International Law Before the ECJ: the Origin of Preliminary References
I am coming back to the topic of a recent post published on this blog, where I analyzed the trends emergingContinue 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
Co-motherhood: The Austrian Constitutional Court on the Law of Parentage
This post was written by Verena Wodniansky-Wildenfeld, Vienna. The Austrian Constitutional Court proceeds further on the way to equal treatmentContinue 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
AG Szpunar on the Territorial Scope of the Right of Communication to the Public
The author of this post is Lydia Lundstedt, who is a Senior Lecturer at the Stockholm University. On 20 OctoberContinue Reading
CJEU Rules that a “Patron Agreement” Can Extend the Notion of Employer under the Brussels I bis Regulation
In its judgment in the case of ROI Land Investments, C-604/20, rendered on 20 October 2022, the CJEU discussed two keyContinue Reading
(Ab)Use of Article 8(1) of the Brussels I bis Regulation in Wirecard
The infamous Wirecard scandal, which involved a German public limited company (AG) reporting non-existing assets and earnings to the tuneContinue Reading
Lawsuit Against Facebook for Violation of Personality Rights – News From Poland
Społeczna Inicjatywa Narkopolityki – SIN (Civil Society Drug Policy Initiative) is a A Polish association that conducts educational activities onContinue Reading
French Cour de Cassation on Brussels I bis and Nationality Based Jurisdiction
This post was contributed by Jeremy Heymann, who is Professor of Law at Université Jean Moulin Lyon 3. On 29Continue Reading
CJEU Rules COVID Legislation May Postpone EU Uniform Time Limits
On 15 September 2022, the CJEU ruled in Uniqa Versicherungen AG v. VU (Case C‑18/21) that national COVID legislation postponingContinue Reading
Danish Supreme Court on the Existence of a Contract for the Purposes of Brussels I bis
According to Article 7 point 1 of the Brussels I bis Regulation, proceedings in matters relating to a contract mayContinue 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
French Supreme Court Confirms Disproportionate Awards Violate French Public Policy
In a judgment of 12 January 2022, the French Supreme Court for civil and criminal matters (Cour de cassation) ruledContinue Reading
“Through the Lense of Austrian Company law” – The Impact of Brexit on UK Limited Companies Based in Austria
This post was written by Robert Vogelauer, Vienna. In a decision of 27 January 2022 the Austrian Supreme Court ruledContinue Reading
UN Child Rights Committee on the 1980 Hague Convention
In a decision (“views”) adopted on 1 June 2022 (CRC/C/90/D/121/2020), the UN Child Rights Committee (CRC) held that the best interestContinue Reading
EU Private International Law before the ECJ: A Look into Empirical Data
Private international lawyers and the ECJ are bound by a love-hate relationship: one single judgment delivered by the latter mayContinue Reading
The CJEU on the Brussels I bis Regulation and Patents Granted in Third States
The author of this post is Lydia Lundstedt, who is a Senior Lecturer at the Stockholm University. In IRnova (C-399/21),Continue Reading
Danish Supreme Court: No Tort Liability under Danish Law for Green Desert Operation in Iraq
The Danish Supreme Court held in a judgment of 31 May 2022 (case 134/2018), that Danish law should be applied forContinue Reading
More Post-Brexit Troubles – Proceedings in UK Unreasonable for Austrian Claimants
This post was written by Paul Lorenz Eichmüller, University of Vienna. Austrian law provides for an international forum necessitatis inContinue 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
First Contacts with the Application for Refusal of Enforcement in Greece
Following the abolition of exequatur by the Brussels I bis Regulation (Article 39), a new model (application for refusal ofContinue Reading
London Steam-Ship, in the Eye of the Beholder
This post was authored by François Mailhé, who is Professor of Private Law at the University of Picardie Jules Verne.Continue 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
H Limited – The Austrian Sequel
This post was written by Paul Lorenz Eichmüller, Vienna. After the Austrian Supreme Court had filed a reference for aContinue Reading
Swedish Supreme Court: CMR Takes Precedence Over the Rome I Regulation
In a judgment of 14 June 2022 (case T 3379-21) the Swedish Supreme Court held that the United Nation’s 1956Continue Reading
CJEU Rules that Service Regulation Postpones National Time Limits
This is the most important take of the judgment delivered on 7 July 2022 in LKW WALTER Internationale Transportorganisation AGContinue Reading
French Supreme Court Rules on Jurisdiction in Financial Fraud Case
Mathilde Codazzi, who is a master student at the university Paris II Panthéon-Assas, contributed to this post. In a judgmentContinue Reading
The Swedish Labour Court on International Sympathy Actions
The Swedish Labour Court held on 1 June 2022 (interim decision AD 2022 No. 33) that an industrial action takenContinue 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
“And We’ll Have the Brits Pay for that Litigation” – But Will We Really?
This post was written by Paul Lorenz Eichmüller, University of Vienna. Austrian civil procedure law contains a provision that requiresContinue Reading
Notaries and EU PIL: Taking Stock of 5 Years of Case Law
On 19 May 2022, the CJEU rendered an inadmissibility order in case C-722/21, Frontera Capital. The request for a preliminaryContinue Reading
London Steam-Ship Owners: Looking Beyond the Case through the Lens of Res Judicata
This is the third contribution to an online symposium on the ruling of the European Court of Justice, of 20Continue Reading
The Swedish Supreme Court on the Taking of Digital Evidence in International Cases
The Swedish Supreme Court held in a decision of 8 April 2022 (case Ö 4651-21) that a defendant domiciled inContinue Reading
Jurisdiction over Foreign Patent Disputes Is Again Before the CJEU
The author of this post is Lydia Lundstedt, Senior lecturer at the Stockholm University. Jurisdiction over foreign patent disputes is againContinue Reading
London Steam-Ship Owners: Extending Lis Pendens to Arbitral Tribunals?
This is the second contribution to an online symposium on the ruling of the European Court of Justice, of 20Continue Reading
Humpty-Dumpty, Arbitration, and the Brussels Regulation: A View from Oxford
The post below was written by Adrian Briggs QC, who is Professor of Private International Law Emeritus at the UniversityContinue 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
The Court of Justice on the Waiver of Succession
On 2 June 2022, the Court of Justice of the EU handed down another judgment interpreting the EU Succession Regulation.Continue Reading
CJEU Rules on Burden to Bear Costs of Translation For Third Party Interveners
On 2 June 2022, the CJEU ruled in Case C-196/21 that courts are not ‘applicants’ in the meaning of ArticleContinue 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
Habitual Residence of a Child Under the Hague Protocol on Maintenance
On 12 May 2022, the Court of Justice handed down the judgement in the WJ case (C-644/20) interpreting the Hague Protocol of 2007Continue Reading
Take no Comfort in Comfort Letters: Mind the Competent Court!
Through a comfort letter, one party promises to indemnify a creditor if the latter’s debtor does not pay. This isContinue Reading
Jurisdictional Immunities: Germany v. Italy, Again
On 29 April 2022, Germany instituted proceedings before the International Court of Justice against Italy for allegedly failing to respect itsContinue Reading
The Court of Justice on Ex Officio Verification of Jurisdiction under the Succession Regulation
The Court of Justice of the EU has recently handed down another judgement interpreting the Succession Regulation. The judgement inContinue 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
ECtHR Rules on Enforcement through Restriction from Leaving the Jurisdiction
In a judgment of 11 May 2021 (Stetsov v. Ukraine; final version: 11 August 2021), the European Court of HumanContinue Reading
The CJEU on Double Exequatur
This post was contributed by Vincent Richard, who practices with Wurth Kinsch Olinger in Luxembourg. On 7 April 2022, the CourtContinue 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
The Effects of Foreign Cohabitation Agreements in Portugal
The author of this post is Julian Henrique Dias Rodrigues, lawyer in Lisbon. On 27 January 2022, the Lisbon CourtContinue Reading
French Supreme Court rules on Scope of State Immunities of Enforcement
Mathilde Codazzi, who is a master student at the university Paris II Panthéon-Assas, contributed to this post. In a judgmentContinue Reading
Not Everything that Glitters is an “acte clair” – The Austrian Supreme Court (Mis-)Applies the Succession Regulation
This post was written by Paul Eichmüller and Verena Wodniansky-Wildenfeld, University of Vienna. In a recent decision, the Austrian SupremeContinue 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
French Supreme Court Rules on Law Applicable to Unjust Enrichment
Mathilde Codazzi, who is a master student at the university Paris II Panthéon-Assas, contributed to this post. In a judgmentContinue Reading
Planting Trees, Fighting Climate Change and Making Profits: The CJEU Rules in ShareWood Switzerland
The environment is on – almost – everybody’s mind. In particular companies committed to sustainable investment are becoming an increasinglyContinue Reading
The Limits of Jurisdiction over Insurance Matters: CJEU in BT v. Seguros Catalana Occidente and EB
The provisions of the Brussels I bis Regulation on insurance matters (Articles 10-16) are complex and often misunderstood. Now theContinue Reading
Postal Service from Greece to Germany – Recalling Henderson v Novo Banco
On 5 April 2021, the Greek Supreme Court issued a judgment relating to a dispute between two German companies. The caseContinue Reading
Paris Court of Appeal Rules Agency Directive is No Overriding Mandatory Provision
In a judgment of 23 November 2021, the Paris Court of Appeal ruled that the French provisions implementing the 1986Continue Reading
Passenger Can’t Sue Airline at a Stopover, the CJEU Rules in JW v LOT
The CJEU has been very generous with airline passengers when it comes to applying the rules on jurisdiction in theContinue Reading
Functional Recognition of Same-sex Parenthood for the Benefit of Mobile Union Citizens – Brief Comments on the CJEU’s Pancharevo Judgment
This post was written by Johan Meeusen, who is a professor at the University of Antwerp and a Member ofContinue 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 French Reference on Res Judicata under Brussels I bis
This post was contributed by François Mailhé, who is Professor at the University of Picardy – Jules Verne. On 17Continue Reading
Hacked Crypto-Accounts and the Continued Importance of Rome II in the English Courts: Fetch.AI v Persons Unknown
This post was written by Amy Held and Matthias Lehmann. Prima facie, it does not seem that anyone need beContinue Reading
CJEU Adds a New Piece to the ‘Mosaic’ in Gtflix Tv
The author of this post is Marco Buzzoni, Research Fellow at the Max Planck Institute Luxembourg. On 21 December 2021,Continue Reading
On-line Symposium on Hrvatske Sume
On 9 December 2021, the CJEU ruled in HRVATSKE ŠUME d.o.o., Zagreb v. BP EUROPA SE (Case C-242/20) that theContinue Reading
French Supreme Court Opens Door for Recognition of Foreign Bigamous Marriage
On 17 November 2021, the French Supreme Court for private and criminal matters (Cour de cassation) issued an interesting decisionContinue 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
UK Supreme Court Settles Dispute over Venezuelan Reserves
On 20 December 2021, the Supreme Court of the UK delivered its judgment in Maduro Board of the Central BankContinue 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
CJEU on Single Habitual Residence of Spouses
On 25 November 2021, the Court of Justice handed out its judgement in IB (C-289/20), in which it followed the earlierContinue Reading
CJEU Rules on the Interplay between Brussels IIA and Dublin III
This post was contributed by Dr. Vito Bumbaca, who is Assistant Lecturer at the University of Geneva. In a rulingContinue Reading
CJEU Rules Claims for Unjust Enrichment need not be Contractual or Delictual for Jurisdictional Purposes
On 9 December 2021, the CJEU delivered its judgment in HRVATSKE ŠUME d.o.o., Zagreb v. BP EUROPA SE (Case C-242/20).Continue Reading
Montreal Convention Claims in the English Courts… where EU Law Applies
This post was written by Amy Held, LL.B., LL.M., LL.M., University of Vienna. Judgment in Silverman v Ryanair DAC [2021]Continue Reading
Which Law Applies to Torts Committed under the Channel?
Which law applies to a tort committed in the Channel Tunnel, at 16 km from the exit on French territory?Continue 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
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
CJEU Rules Sanctions Prevent Preventive Attachment of Funds
On 11 November 2021, the Court of Justice of the European Union delivered its judgment in Bank Sepah v. OverseasContinue 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
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
Application of Foreign Law for the Purpose of Examining Limitation of Action before Greek Courts
In a judgment of 9 November 2020, the Greek Supreme Court discussed a highly interesting issue, which is not often dealt withContinue 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
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
UK Supreme Court rules on Law Governing Arbitration Agreement at Enforcement Stage
On 27 October 2021, the Supreme Court of the United Kingdom delivered its ruling in Kabab-Ji SAL (Lebanon) (Appellant) vContinue Reading
CJEU in Commerzbank: Jurisdiction after a Consumer’s Change of Domicile
This post was written by Felix M. Wilke, University of Bayreuth, Germany. The most relevant aspects were squarely in theContinue 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
UK Supreme Court Affirms Jurisdiction Based on Indirect Damage
On 20 October 2021, the Supreme Court of the United Kingdom delivered its judgment in FS Cairo (Nile Plaza) LLCContinue Reading
ECtHR Affirms Holy See’s Jurisdictional Immunity in Sexual Abuse Case
On 12 October 2021, the European Court of Human Rights (ECtHR) delivered its judgment in J.C. and Others v. Belgium (onlyContinue Reading
CJEU Rules on Parallel Interim Litigation
On 6 October 2021, the Court of Justice of the European Union delivered its ruling in Skarb Państwa Rzeczypospolitej PolskiejContinue Reading
French Case on Irreconcilable Judgments under the Insolvency Regulation
This post was contributed by Thomas Mastrullo, who is an Associate Professor at the University of Luxembourg. In a judgmentContinue Reading
Privy Council Overrules The Siskina
On 4 October 2021, the Judicial Committee of the Privy Council held in Convoy Collateral Ltd (Appellant) v Broad IdeaContinue 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
News and Updates from the Court of Justice of the European Union
A partial renewal of positions, both of AGs and of judges, will take place next October at the Court ofContinue Reading
The Court of Justice on Donation Mortis Causa in Succession Regulation
On 9 September 2021, the Court of Justice handed down its judgment in UM (C‑277/20), in which, for the first time,Continue Reading
The Court of Justice on Transfer of Jurisdiction under the Succession Regulation
On 9 September 2021 the Court of Justice pronounced its judgment in the case RK (C-422/20) concerning the mechanism ofContinue 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
French Reference on Res Judicata under Brussels I
This post was contributed by Fabienne Jault-Seseke, who is Professor at University Paris Saclay (UVSQ), and a member of GEDIP.Continue Reading
The CJEU ruling in Toplofikatsia – Looking forward to the Service Regulation Recast!
This post was contributed by Vincent Richard, who practices with Wurth Kinsch Olinger in Luxembourg. On 9 September 2021, the CourtContinue 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
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
Gruber and Samidani Trans: Dépeçage for International Employment Contracts
The author of this post is Erik Sinander, Senior lecturer at the Stockholm University. In a judgment of 15 July 2021, over twoContinue Reading
The Rise (and Incipient Decline?) of the EPO Regulation in Spain
The author of this post is Carlos Santaló Goris, research fellow at the MPI Luxembourg and Ph.D. candidate at theContinue 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
“Waiver of State Immunity over Central Bank Accounts! Say No More!”, French Supreme Court Rules
This post was contributed by Dr. Sally El Sawah, Avocat aux Barreaux de Paris et du Caire, Registered Foreign LawyerContinue 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
Issue Estoppel of Foreign Judgment on Validity and Separability of Arbitration Agreement
This post was contributed by Nicolas Kyriakides, who is a practising lawyer in Cyprus and an Adjunct Faculty at theContinue Reading
Jurisdiction in Matters Relating to Anti-competitive Practices – The CJEU in Volvo and Others
The authors of this post are Lena Hornkohl, LL.M. (College of Europe), Senior Research Fellow Max Planck Institute Luxembourg forContinue Reading
Effectenbezitters: A Flawed Argument to Limit Jurisdiction under Article 7(2) of Brussels I bis
This is the fourth post of an online symposium on the recent judgment of the CJEU in Vereniging van EffectenbezittersContinue 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
UK Supreme Court Rules on Dispensing service in exceptional circumstances under the State Immunity Act
On 25 June 2021, the Supreme Court of the United Kingdom issued a ruling in General Dynamics United Kingdom LtdContinue Reading
CJEU Rules on Jurisdiction in Violation of Personality Rights Claim, C-800/19
This post was written by Edyta Figura-Góralczyk, University of Economics in Kraków (Poland). On 17 June 2021 the Court of JusticeContinue Reading
Paris Court of Appeal rules Brussels I bis Regulation does not apply to liability claims against arbitrators
In a judgment of 22 June 2021, the Paris Court of Appeal ruled that that liability claims against arbitrators fallContinue Reading
Effectenbezitters: Which Lessons for Applicable Law?
This is the third post of an online symposium on the recent judgment of the CJEU in Vereniging van EffectenbezittersContinue Reading
Effectenbezitters: New Efforts to Localise the Place of Damage
This is the second post of an online symposium on the recent judgment of the CJEU in Vereniging van EffectenbezittersContinue Reading
French Supreme Court Rules on Manner of Exercise of Mandate under the Adults Convention
The author of this post is Estelle Gallant, professor of private law at the University of Toulouse 1 Capitole. InContinue Reading
What’s in a Name (Dispute)? Further Developments in EU Name Law
The following post was written by Paul Eichmüller (Vienna). Although rules concerning the use of a name of natural personsContinue 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
French Supreme Court Rules on Ex Officio Application of EU Choice of Law Rules
This post was contributed by Fabienne Jault-Seseke, who is Professor at University Paris Saclay (UVSQ), and a member of GEDIP.Continue 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
The Law Applicable to an Action to Supplement a Foreign Divorce Decree by an Award of Fault
The author of this post is Simon Laimer of the University of Linz. By a ruling of 10 December 2020,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
AG Hogan Opines to Give Teeth to EU Blocking Statute
On 12 May, 2021, Advocate General Hogan delivered his opinion in Case C‑124/20 Bank Melli Iran v. Telekom Deutschland GmbHContinue Reading
English High Court Rules Owusu Also Excludes Modified Universalism
This post was contributed by Dr Nicolas Kyriakides, who is a practising lawyer in Cyprus and an Adjunct Faculty atContinue Reading
Belgian Court Applies Renvoi under the Succession Regulation in Dual Nationality Case
On 12 April 2021, the Family Court of Namur, Belgium, applied the doctrine of renvoi under Article 34 of theContinue 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
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
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
CJEU Rules on Law Governing Avoidance of Third Party Payment of Contract
On 22 April 2021, the Court of Justice of the European Union ruled on the law governing the avoidance ofContinue 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
Recognition and Registration of Same-sex Parentage Established Abroad as Mission Impossible for the Bulgarian Authorities
The author of this post is Nadia Rusinova, Lecturer in International/European Private Law at The Hague University of Applied Sciences. In October 2020,Continue Reading
Is a Maltese Ship Mortgage an Authentic Instrument for the Purposes of Article 57 of the Brussels I Regulation?
In a recent ruling (No 120 of 23 February 2021, unreported) the Court of Appeal of Piraeus was asked toContinue Reading
A German Perpective on Jurisdiction over Liability Claims against Arbitrators
This post was contributed by Burkhard Hess, who is a director of the Max Planck Institute Luxembourg. Gilles Cuniberti hasContinue Reading
French Court Rules Brussels I bis Regulation Applies to Liability Claims against Arbitrators
On 31 March 2021, the Paris main first instance court (tribunal judiciaire, formerly tribunal de grande instance) ruled on theContinue Reading
CJEU on Abduction to a Third State and the Brussels II bis Regulation
On 24 March 2021 the Court of Justice issued a judgement in the case of SS v MCP, C-603/20 PPU, whichContinue 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
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
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
The English Court of Appeal on Consent and Court Discretion in Child Abduction Cases
In Re G (Abduction: Consent/Discretion) judgment issued on 9 February 2021 the Court of Appeal (Civil Division) of England andContinue Reading
French Supreme Court Redefines Territoriality of Enforcement over Debts
In two judgments delivered on 10 December 2020, the French Supreme Court for civil and criminal matters (Cour de cassation)Continue Reading
Okpabi v. Royal Dutch Shell: A View from France
The author of this post is Olivera Boskovic, who is Professor of Private Law at the Université de Paris. BackgroundContinue Reading
Swiss Court Refuses Post-Brexit Application of the Lugano Convention – Even Good Cases Can Make Bad (Case) Law
This post was written by Rodrigo Rodriguez who is Professor on Insolvency Law at the University of Lucerne. Since 1Continue Reading
Ellmes Property Services – In Search of a More Explicit Interpretation of Brussels I bis Regulation
On 11 November 2020, the Court of justice issued a judgment on jurisdiction under Brussels I bis Regulation in respectContinue Reading
French Supreme Court Rules on Jurisdiction to Order Collection of Computer Data
In a judgment of 27 January 2021, the French Supreme Court for private and criminal matters (Cour de cassation) indicatedContinue Reading
The Court of Justice on Jurisdiction in Maintenance Claims Brought by Public Bodies
On 17 September 2020 the Court of Justice of the EU issued a judgement in the case of WV vContinue 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
Court of Justice of the EU on the Concept of Habitual Place of Work
On 24 February 2021 the Court of Justice of the EU issued a judgement in the case BU v Markt24Continue 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
French Supreme Court Decides Choice of Law Rules Apply in Interim Proceedings
In a judgement dated 18 November 2020, the French Supreme Court for private and criminal matters (Cour de cassation) ruledContinue Reading
Austrian Supreme Court on the Law Governing Fault in Divorce
Paul Lorenz Eichmüller (University of Vienna) has kindly provided the following post. Austria is one of the few European countriesContinue Reading
CJEU Rules on Jurisdiction to Lift Cross-Border Provisional Attachments
The judgment of the Court of Justice of the European Union (CJEU) in Supreme Site Services v. Shape (Case C‑186/19)Continue Reading
French Supreme Court Rules on Respective Scopes of Brussels II bis Regulation and 1996 Hague Convention
The author of this post is Estelle Gallant, professor of private law at the University of Toulouse 1 Capitole. OnContinue Reading
Sovereign Immunities and the Scope of the Brussels Ibis Regulation after Rina and SHAPE
In 2020, the Court of Justice of the European Union (CJEU) ruled twice on whether sovereign immunities are relevant toContinue Reading
English Custody Orders Violate Greek Public Policy if the Parents Form a Same-Sex Couple
The Court of First Instance of Thessaloniki ruled on 24 June 2020 that an application by a psychological (non biological)Continue 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
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
Greek Supreme Court Rules on Enforcement of UK Divorce Financial Payment
For the first time since the entry into force of the 1968 Brussels Convention and the EU Regulations in theContinue Reading
European Procedural Public Policy and (French) International Arbitration
On 30 September 2020, the French Supreme Court for private and criminal matters (Cour de cassation) issued a remarkable decisionContinue 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
Italian Constitutional Court Rules on Same-sex Couples’ Access to Parenthood Through Medically Assisted Procreation Abroad
The author of this post is Lorenzo Acconciamessa, a PhD student at the University of Palermo and a teaching assistantContinue Reading
Austrian Supreme Court on Choice-of-Court Agreements and the Assignment of Claims
The author of this post is Simon Laimer, professor at the Linz University. The claimant, an airline established in Austria,Continue 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
The Lithuanian Supreme Court Rules on the E.E. Case After the CJEU’s Judgment
This is a guest post by Katažyna Bogdzevič (Mikša), an associate professor of the Institute of International and European Union LawContinue 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
Polish Court Asks the CJEU to Rule on the Status of Children Born to Same-Sex Couples
A new development in Poland concerning the legal situation of children born to same-sex couples, including through surrogacy, is worthContinue Reading
Here lies the Late Brogsitter Ruling
The post below was written by Bernard Haftel, who is Professor of Private International Law at the University of SorbonneContinue Reading
Wikingerhof: A View from Hamburg
The post below was written by Peter Mankowski, who is Professor of Private International Law at the University of Hamburg.Continue Reading
Freedom of Choice in Wikingerhof
The post below, written by Gilles Cuniberti, a professor of Private International Law at the University of Luxembourg, and anContinue Reading
The Fate of Choice of Court Agreements Following an Assignment of Claims: A Recent Ruling of the Italian Supreme Court
The author of this post is Caterina Benini, a Phd student at the Catholic University of the Sacred Heart inContinue Reading
Wikingerhof: A View from Oxford
The post below was written by Adrian Briggs QC, who is Professor of Private International Law at the University ofContinue Reading
Wikingerhof: CJEU Reestablishes Equilibrium between Contract and Tort Jurisdiction
The EAPIL blog hosts an online symposium on the ruling of the Court of Justice in the case of WikingerhofContinue 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
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
Applicable Law to Contractual Obligations – A Look at the Case Law of Greek Courts
The latest edition (October 2020) of the Thessaloniki Bar Review (Armenopoulos) includes a section devoted to the application of theContinue 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
Luxembourg Court of Appeal Rules Brussels Convention Defines Conditions of Res Judicata
On 29 April 2020, the (national) Court of Appeal of Luxembourg ruled that the conditions of res judicata are determinedContinue Reading
The Court of Appeal of Piraeus on the Non-Recognition of a Dutch Judgment on Maintenance
On 21 May 2020, the Piraeus Court of Appeal ruled that a judgment on a family maintenance matter, issued byContinue Reading
Foreign Judgments Relating to the Protection of Adults and their Recognition in Poland
In a resolution of 8 November 2019 (III CZP 24/19, available here, in Polish), the Supreme Court of Poland addressed the issueContinue 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
Slovenian Supreme Court Applies the ECJ ruling in Korana to Enforcement Proceedings
The author of this post is Jorg Sladič, associate professor of International and European Law at the European Faculty ofContinue Reading
The Court of Justice on the Succession Regulation: Carlos Santaló Goris 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
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
Articulation between European and (French) National PIL – A Case Study
On 2 September 2020, the French Supreme Court for private and criminal matters (Cour de cassation) issued an interesting decisionContinue Reading
When Do International Sanctions Define French Public Policy?
In a judgment of 3 June 2020, the Paris Court of Appeal ruled that sanctions issued by the Security CouncilContinue Reading
The EU Succession Regulation and Foreign Law Applied by Tax Authorities
On few occasions Polish tax authorities made references to the EU Succession Regulation and applied foreign law designated by itsContinue 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
Service of Proceedings on the Foreign Party’s Attorney as an Alternative to Personal Service
Situations exist where a judicial document addressed to a person based abroad may be communicated to a lawyer representing thatContinue 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
The Italian Constitutional Court Asked to Rule on Surrogacy Arrangements and Public Policy
The author of this post is Lorenzo Acconciamessa, a PhD candidate at the University of Palermo and a teaching assistantContinue Reading
Legal Status of a Child Born Through Surrogacy – Latest From Poland
The Supreme Administrative Court in Poland (Naczelny Sąd Administracyjny – NSA) issued on 10 September 2020 two judgments concerning theContinue Reading
Another Preliminary Reference on the Succession Regulation Involving (and Referred by) a Polish Notary
The author of this post is Carlos Santaló Goris, research fellow at the MPI Luxembourg and PhD candidate at theContinue Reading
The Italian Court of Cassation on Islamic Repudiation and Public Policy
The author of this post is Omar Vanin. He earned a Phd in Private International Law from the University ofContinue Reading
Pathological Clauses in International Sports Arbitration and Return to Civil Proceedings
It is widely known that disputes related to sports are most of the times referred to arbitration. Football is ofContinue 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
French Court Recognises Chinese Judgment
A Chinese divorce judgment delivered on 20 December 2013 by a court from Beijing was recognised by a French court in SouthContinue 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
CJEU Rules on COMI of Employees
The Court of Justice of the European Union has delivered its ruling in the Novo Banco case (C‑253/19) on 16Continue Reading
Forum Delicti in Case of Online Defamation: French Preliminary Reference to the CJEU
On 13 May 2020, the French Supreme Court for private and criminal matters (Cour de cassation) issued an interesting decisionContinue Reading
Italian Supreme Court Rules on the Relevance of the Incoterm FCA to Jurisdiction over Sales of Goods
The author of this post is Giulio Monga, a PhD student at the Catholic University of the Sacred Heart, Milan.Continue Reading
Service by Post Under the Hague Service Convention: Who Has the Last Word?
San Marino, the independent State surrounded by Italy, is home to about 5,000 undertakings. Unsurprisingly, given the size of theContinue Reading
When is a Presidential Jet Protected by Diplomatic Immunity?
I have reported earlier on the Commisimpex case and the various decisions of the French Supreme Court on civil andContinue Reading
The Court of Justice Invalidates the EU-US Privacy Shield
The author of this post is Giulio Monga, a PhD student at the Catholic University of the Sacred Heart, Milan.Continue Reading
On the Vicissitudes of Cross-Border Cooperation in the Service of Documents
Practice shows that we’re far away from a perfect world of cooperation between state authorities in the field of cross-borderContinue 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
UPDATED CJEU Rules on Jurisdiction in Volkswagen Gas Emissions Case
The Court has delivered its ruling in Verein für Konsumenteninformation v Volkswagen AG (Case C-343/19) yesterday. The court rules thatContinue Reading
The Fluctuating Law of Diplomatic Immunity in France
In the last decade, the French law of diplomatic immunity has changed numerous times. This is not great for legalContinue 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
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
English Court of Appeal Rules on Territoriality of Enforcement
On 12 May 2020, the Court of Appeal of England and Wales delivered an interesting decision in SAS Institute Inc.Continue 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
Hague Service Convention Not Applicable if Service Abroad Takes Too Long
By a decision of 13 March 2020, the Munich Court of Appeal, having regard to the expected delay in the processing ofContinue Reading
Nuclear Plants, Posting of Workers and Mutual Trust
The author of this post is Vincent Richard, Senior Fellow at the Max Planck Institute Luxembourg for International, European andContinue 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
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
Mastermelt Ltd v Siegfried Evionnaz SA: Would the Lugano Convention Provide a Level Playing Field for Judicial Cooperation Post-Brexit?
The author of this post is Aygun Mammadzada, PhD Researcher at the Institute of Maritime Law of the University of Southampton. Status quo WithdrawalContinue Reading
Greek Supreme Court on Choice of Court and Choice of Law in Commercial Agency Agreements
In a recently reported ruling (No 423/2018, in Chronicles of Private Law, 2019, p. 204), the Greek Supreme Court (Άρειος Πάγος)Continue 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
French Supreme Court Confirms Land Taboo in Partition of Property Case
My colleague Hélène Peroz has reported on this interesting judgment delivered on 4 March 4 2020 by the French SupremeContinue 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
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
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
UK Supreme Court Rules on the Concept of Insurance Matters under the Brussels I bis Regulation
On 1 April 2020, the UK Supreme Court ruled in Aspen Underwriting Ltd v Credit Europe Bank on the concept ofContinue Reading
Italian Supreme Court Rules on Jurisdiction under the Montreal Convention
The author of this post is Giulio Monga, a PhD student at the Catholic University of the Sacred Heart, Milan.Continue 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
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
UK Supreme Court Rules on Damages for Funding Foreign Surrogacy
On 1 April 2020, the UK Supreme Court ruled in Whittington Hospital NHS Trust v XX on the fascinating issue ofContinue 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
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
The CJEU Again on Notaries as “Courts”, National Certificates of Succession and More
The author of this post is María Barral Martínez, trainee at the Court of Justice of the European Union. OnContinue Reading
The Greek Supreme Court on Jurisdiction in Matters of Parental Responsibility
On 26 July 2019, the Greek Supreme Court gave a ruling involving the interpretation of the Brussels II bis RegulationContinue Reading
Paris Court Issues Anti Anti Suit Injunction
On 3 March 2020, the international chamber of the Paris Court of Appeal confirmed that French courts may issue anContinue Reading
‘Large Risks’ Insurance Contracts: CJEU Rules on the Enforceability of a Choice-of-Court Clause
On 27 February 2020 the Court of Justice of the European Union (CJEU) gave its ruling in BALTA, a 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
The Dialogue Between Judges on the Legal Status of Children Born Through Surrogacy
The author of this post is Marlene Brosch, senior research fellow at the MPI Luxembourg. The first advisory opinion ofContinue Reading
French Supreme Court Accepts First Degree Renvoi in Parenthood Matters
In a judgment delivered on 4 March 2020, the French supreme court for private and criminal matters (Cour de cassation)Continue 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
Testing the Concept of Residence: The Succession of France’s Most Popular Rockstar
Johnny Hallyday, born Jean-Philippe Smet, died in 2017 age 74. Over a career of 57 years, he released more thanContinue 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
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
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
Dutch Court Declines to Hear Civil Claim for International Crimes against Israeli Chief Commanders
On 29 January 2020, the District Court of The Hague dismissed the claim of a Palestinian-Dutch Citizen against the ChiefContinue Reading
Italian Court Recognises a Judgment Issued by an Israeli Rabbinical Court
In 2009, AGL, a dual Italian-Israeli citizen, and SRL, an Israeli citizen, married in Milan. The spouses, who were bothContinue 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
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
French Supreme Court Rules on Law Governing Direct Action Against Insurer
On 18 December 2019, the French Supreme Court on private and criminal matters (Cour de cassation) ruled on the scopeContinue 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
CJEU Rules there is no Land Taboo in Insolvency Proceedings
On 4 December 2019, the Court of Justice of the European Union held in UB v. VA, Tiger SCI andContinue Reading
French Supreme Court Extends Recognition of Foreign Surrogacies and other MAPs
The author of this post is François Mailhé (University of Amiens). On 18 December 2019, in three decisions, the French Cour deContinue 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
Leave to Appeal Against Decisions on Exequatur under the Brussels I Regulation
By a ruling of 12 December 2019 in ML v Aktiva Finants OÜ (case C-433/18), the CJEU clarified the interpretation ofContinue Reading
CJEU Rules on the Law Governing Action for Payment by Liquidator but Not Set-off
On 21 November 2019, the Cour of Justice of the European Union ruled on the law governing an action forContinue Reading
The French Supreme Court on res judicata of foreign freezing orders
On 3 October 2018, the French Supreme Court for private and criminal matters (Cour de cassation) ruled that the resContinue Reading
Documents instituting proceedings do not have to be translated in English if the defendant is Facebook
By a ruling of 14 October 2019, the Munich Court of Appeal decided that an application for temporary relief againstContinue Reading
The CJEU rules on the respective scopes of the Brussels Ibis and Insolvency Regulations
On 18 September 2019, the Court of Justice of the European Union ruled on the respective scopes of the Brussels IbisContinue Reading
UK Supreme Court rules on jurisdiction in corporate matters
On 29 July 2019, the Supreme Court of the United Kingdom ruled in Akçil and others (Appellants) v Koza LtdContinue Reading