Saturday, October 4, 2008
The European Court of Justice handed down judgment in Hassett v South Eastern Board on 2nd October 2008. It doesn’t make for particularly interesting reading, so I’ll be brief. The Irish Supreme Court referred the following question to the ECJ:
Where medical practitioners form a mutual defence organisation taking the form of a company, incorporated under [...]
Friday, September 26, 2008
An interesting conference will be hosted in Toulouse, on 17 October 2008, by the Institut de Recherche en droit européen, international et comparé (IRDEIC) of the University of Social Sciences of Toulouse: “La matière civile et commerciale, socle d’un code européen de droit international privé?“ (The civil and commercial matters, core of a European Code [...]
Sunday, September 14, 2008
On 11 September 2008, Advocate General Trstenjak’s opinion in case C-180/06 (Renate Ilsinger v. Martin Dreschers (administrator in the insolvency of Schlank & Schick GmbH) has been published.
The case basically concerns the question whether international jurisdiction for consumer claims against undertakings for prizes ostensibly won can be established under Art. 15 No. 1 (c) Brussels [...]
Friday, September 5, 2008
Advocate General Kokott’s Opinion in Allianz SpA (formerly Riunione Adriatica Di Sicurta SpA) and Others v West Tankers Inc. is out, and the House of Lords (and most common law practitioners) are not going to find it a pleasurable read.
The question, you will remember, is whether anti-suit injunctions to give effect to arbitration agreements are [...]
Friday, September 5, 2008
The Heidelberg Centre for International Dispute Resolution at the Institute for Private International and Comparative Law will host a conference with the topic
“Arbitration and EC Law - Current Issues and Trends”.
The conference will focus on the relations between European civil procedure and arbitration which have been an intensely debated topic among legal scholars and [...]
Thursday, September 4, 2008
The third issue of French Journal du Droit International (also known as Clunet) was just released. It contains two articles dealing with conflict issues.
In the first, Pierre Berlioz, who lectures at Paris I (Panthéon-Sorbonne) University, seeks to define the notion of provision of services for the purpose of article 5-1 b) of the Brussels I [...]
Monday, September 1, 2008
With a decision of 9th July 2008, the German Federal Supreme Court (Bundesgerichtshof) has referred a reference to the ECJ for a preliminary ruling on the interpretation of Art. 5 No. 1 (b) Brussels I Regulation.
The German-Italian case concerns contracts for the delivery of goods to be manufactured or produced which, however, showed certain [...]
The Academy of European Law (ERA), situated in Trier and with the financial support of the European Commission, organises conferences and summer schools on various topics of EU law. On 5-6 June a conference was held on recent developments in private international law and business law (covering civil jurisdiction, civil procedure, contract, delict, insolvency, and [...]
A new reference regarding the Brussels I Regulation is pending at the ECJ. The Bundesgerichtshof (Germany) has referred the following questions for a preliminary ruling:
Is the second indent of Article 5(1)(b) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters [...]
Two new references for preliminary rulings on the Brussels I Regulation have been referred to the ECJ:
1. The Hof van Cassatie van België has referred the following question to the ECJ:
Is a creditor who pursues a claim in the name and for the account of his debtor a party within the meaning of Article 43(1) [...]
Prof. Alfonso-Luis Calvo Caravaca (University Carlos III of Madrid) and Prof. Javier Carrascosa González (University of Murcia) have recently published their latest work, devoted to tort conflicts: “Las obligaciones extracontractuales en derecho internacional privado. El Reglamento Roma II“ (Editorial Comares, May 2008). Despite its title, centered on the new EC Regulation on the law applicable [...]
It has been our book of the month for a few weeks now, but as yet we have not formally announced the publication of Professor Adrian Briggs‘ latest work, Agreements on Jurisdiction and Choice of Law (Oxford, OUP, 2008). So, here’s the blurb:
In this book, the author analyses the law and practice relating to [...]
The first issue of 2008’s Revue Critique de Droit International Privé has just been released. It contains three articles, but only one dealing with a conflict issue per se, the public law exception within the Brussels I Regulation after the Lechouritou case (”Les actes jure imperii et le Règlement Bruxelles I - A propos de [...]
New references for preliminary rulings on the interpretation of the Brussels I Regulation, the Brussels II bis Regulation and the Insolvency Regulation have been referred to the ECJ:
1. Reference on Brussels I Regulation
The Swedish Högsta Domstolen has referred the following question to the ECJ:
Is the exception in the Brussels I Regulation regarding insolvency, compositions and [...]
Conflicts scholars have been busy since my last round-up of published articles in February, so the time seems ripe for another list of potential material to add to your reading pile. The usual caveats apply: the list is limited to articles published in English, and even then is almost certainly not comprehensive. If you know [...]
Also filed in Articles, Brussels II, Cases, Choice of law, Contract, Family, Jurisdiction, Legislation, Property, Recognition, Rome I, UK, USA
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Today, the ECJ delivered the judgment in case C-462/06 (Laboratoires Glaxosmithkline) dealing with the interpretation of Art. 6 point 1 and Section 5 of Chapter II of the Brussels I Regulation. The French Cour de Cassation had referred the following question to the ECJ for a preliminary ruling:
Does the rule of special jurisdiction stated in [...]
Thomas Thiede and Katarzyna Ludwichowska (both Vienna) have written a comment (in German) on the ECJ’s judgment in case C-463/06 (FBTO Schadeverzekeringen) in the latest issue of the legal journal Versicherungsrecht (VersR 2008, 631 et seq.).
An English abstract has been kindly provided by the authors:
The authors criticise the judgment of the European Court of [...]
The contributions presented at the 19th Journée de droit international privé, held in March 2007 at the Swiss Institute of Comparative Law (ISDC) and dedicated to the new Lugano Convention, have been published by Schulthess, under the editorship of Andrea Bonomi, Eleanor Cashin Ritaine and Gian Paolo Romano: La Convention de Lugano. Passé, présent et [...]
Anatol Dutta (Hamburg) has written an article on the German reference for a preliminary ruling in Seagon v. Deko Marty Belgium NV (Case C-339/07): Jurisdiction for insolvency-related proceedings caught between European legislation, Lloyd’s Maritime and Commercial Law Quarterly (LMCLQ) 2008, p. 88-96.
Here is the abstract:
The stock of European legislation in the area of private [...]
Hoge Raad, 4 April 2008, Zuid-Chemie/Philippo’s Mineralenfabriek Nr. C06/310HR (link is to decision in Dutch).
On Friday 4 April, the Dutch Supreme Court (Hoge Raad) made a preliminary reference to the ECJ, with regard to the interpretation of article 5(3) of Regulation 44/2001 (jurisdiction in matters relating to tort). What follows is a short description of [...]
