On 24 and 25 July the Justice and Home Affairs Council held its 2887th session in Brussels, the first under the French Presidency. The official press release is currently available only in French (UPDATE: English version). Among the “Justice” issues, discussed on Friday 25th, two main points are of particular importance as regards the development [...]
Today, the ECJ delivered its judgment in case Inga Rinau (C-195/08 PPU) which seems to be the first case under the urgent preliminary ruling procedure.
The judgment is not available in English yet, however in French, Italian, German and several other languages.
The Court held:
1) Une fois une décision de non-retour prise [...]
Another reference for a preliminary ruling on the Brussels II bis Regulation has been referred to the ECJ, this time by the Republic of Lithuania.
The Lithuanian court (Lietuvos Aukščiausiasis Teismas) has referred the following questions to the ECJ:
Can an interested party within the meaning of Article 21 of Council Regulation (EC) No 2201/2003 apply for [...]
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 I, Cases, Choice of law, Contract, Family, Jurisdiction, Legislation, Property, Recognition, Rome I, UK, USA
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In November 2007, the ECJ delivered its first judgment on the Brussels II bis Regulation (C-435/06, Applicant C).
Anatol Dutta (Hamburg) has now commented on this judgment in the German legal journal “Zeitschrift für das gesamte Familienrecht” (FamRZ): “Staatliches Wächteramt und europäisches Kindschaftsverfahrensrecht. Die Anwendbarkeit der Brüssel-IIa-Verordnung auf staatliche Maßnahmen zum Schutz des Kindes”, FamRZ 2008, [...]
An interesting volume, collecting the contributions presented at the Seminario de Otoño de Derecho Internacional Privado (Fall Seminar on Private International Law), hosted in October 2007 by the University Carlos III of Madrid, has been recently published by Editorial Colex, under the editorship of Prof. Alfonso Luis Calvo-Caravaca and Prof. Esperanza Castellanos Ruiz: La Unión [...]
The papers presented at the international conference held in March 2007 at the University Carlo Cattaneo of Castellanza (see our previous post), and a final report drafted on the basis of the discussion that arose in the colloquium, have been published by CEDAM, under the editorship of Alberto Malatesta, Stefania Bariatti and Fausto Pocar: “The [...]
A very interesting volume, collecting the contributions presented by prominent European and Japanese scholars at a conference organised in 2007 by the Max Planck Institute for Private Law in Hamburg, has been recently published by Mohr Siebeck: Japanese and European Private International Law in Comparative Perspective. A presentation of the book, and the TOC, are [...]
Also filed in Brussels I, Conferences, Contract, EU, Family, Legislation, Publications, Rome Convention, Rome I, Rome II, Tort
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Wednesday, February 27, 2008
Following the cases of Applicant C and Sundelind Lopez, a third reference for a preliminary ruling on Brussels II bis has been referred to the ECJ – again (as Applicant C) by the Finnish Korkein Hallinto-oikeus (Case C-523/07, Applicant A).
The present case concerns children who have their habitual residence in Sweden, live transitionally in Finland [...]
Monday, December 10, 2007
The new service regulation repealing reg. 1348/2000, adopted by the European Parliament at second reading in its plenary session of 24 October 2007 (see our dedicated post here), has been published in the Official Journal of the European Union n. L 324 of 10 December 2007. The official reference is the following:
Regulation (EC) No 1393/2007 [...]
Thursday, November 29, 2007
Today, the ECJ delivered its second judgment on the Brussels II bis Regulation (C-68/07, Sundelind Lopez).
The case was referred to the ECJ by the Swedish Supreme Court (Högsta Domstolen) asking for a preliminary ruling on the following question:
The respondent in a case concerning divorce is neither resident in a Member State nor a citizen of [...]
Tuesday, November 27, 2007
Today, the ECJ delivered its first judgment on the Brussels II bis Regulation (C-435/06, Applicant C).
The Finnish Korkein Hallinto-oikeus had referred the following questions to the ECJ for a preliminary ruling:
1. (a) Does Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of [...]
In its last meeting, on 4 October 2007, the EP’s JURI Committee adopted a Recommendation for Second Reading, calling on the European Parliament to approve the Council’s common position on a new service Regulation that should replace Reg. No. 1348/2000.
The codecision procedure leading to a new European instrument on service of documents started in July [...]
Friday, September 28, 2007
On 20 September, Advocate General Kokott has delivered her opinion on the first reference for a preliminary ruling on the Brussels II bis Regulation (Regulation 2201/2003/EC) - Applicant C, C-435/06.
The background of the case is as follows: Applicant C. has lived with her two minor children and her husband in Sweden. In February 2005, [...]
Friday, September 14, 2007
From the conference website: Lawyers are required to deal ever more with legal questions arising from cross-border family and parental responsibility cases. The following topics will be discussed:
Parental responsibilities: The application of the Brussels II Regulation in judicial practice in the Member States; Hague Convention on protection of children and Brussels II bis; Family mediation; [...]
The newly-published 14th book in the European Family Law Series from Intersentia is “Brussels II bis: Its Impact and Application in the Member States” by K. Boele-Woelki and C Gonzalez Beilfuss. Here’s the book blurb:
The Brussels II bis Regulation which contains uniform rules for jurisdiction, recognition and enforcement of judgments in matrimonial matters and in [...]
The Swedish Supreme Court (Högsta Domstolen) has referred the following question to the European Court of Justice for a preliminary ruling on the interpretation of Brussels II bis:
The respondent in a case concerning divorce is neither resident in a Member State nor a citizen of a Member State. May the case be heard by a [...]
A very interesting compilation of contributions resulting from a research project on the elaboration of international family law rules within the European Union, funded by the European Commission and conducted by the universities of Antwerp, Barcelona, Louvain-la-Neuve, Lund, Milan, Toulouse and Utrecht has been published by Johan Meeusen, Marta Pertegás, Gert Straetmans and Frederik Swennen:
International [...]
On 19 and 20 April the JHA Council will hold its 2794th session in Luxembourg, under the German Presidency. On the agenda for the “Justice” issues, scheduled for Thursday 19th, there are a number of points dealing with cooperation in civil law matters, both under the “A” items (on which the Council decides without discussion, [...]
