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Cases, Materials and News on European Civil Procedure

How European is European Private International Law? – Berlin, 2-3 March 2018

The conference “How European is European Private International Law?” , organized in Berlin on the 2nd and 3rd March 2018 by Prof. Dr. Jürgen Basedow (Max Planck Institute Hamburg), Prof. Dr. Jan von Hein (University of Freiburg), Prof. Dr. Eva-Maria Kieninger (University of Würzburg) and Prof. Dr. Giesela Rühl (University of Jena), aims to shed light on the present […]

European Court of Human Rights (First Section) – Judgment 11 January 2018 – Cipolletta v. Italy – Violation of Art. 6 (1) of the Convention – Excessive length (25 years) of “administrative liquidation” – Violation of Art. 13 – Lack of effective remedy under domestic law entailed breach of creditor’s rights

On 11 January 2018 the ECtHR issued a decision in the case Cipolletta v. Italy (application no. 38259/09), concluding that there had been a violation of Article 6 § 1 (right to a fair hearing within a reasonable time) of the European Convention on Human Rights, and a violation of Article 13 (right to an […]

“Litigation and Arbitration of IP Disputes” – Prof. Dr. Siegfried H. Elsing, LL.M. (Yale) – Max Planck Lecture Series – Luxembourg, 24 January 2018

On Wednesday 24 January 2018 at 16:00, at the premises of the Max Planck Institute Luxembourg, Prof. Dr. Siegfried H. Elsing, LL.M. (Yale) – Orrick, Herrington & Sutcliffe LLP; Honorary Consul of the Grand Duchy of Luxembourg for North Rhine-Westphalia – will hold a Lecture within the Max Planck Lecture Series on the topic “Litigation and Arbitration of IP Disputes”. […]

Mauro Cappelletti Book Prize – 2nd edition – International Association of Procedural Law

The International Association of Procedural Law announces the second edition of the Mauro Cappelletti Book Prize for young proceduralists. The deadline for the submissions is open until 1 December 2018. The prize (3.000 euros) rewards the best monograph on procedural law published in the five years prior to the submission deadline. No candidate may have reached his […]

European Court of Human Rights (Fifth Section) – Judgment 21 December 2017 – Feldman and Slovyanskyy Bank v. Ukraine – decisions taken by administrative authorities which determine civil rights and obligations must be subject to subsequent control by a judicial body that has full jurisdiction and that provides the guarantees of Article 6

On 21 December 2017 the ECtHR (Fifth Section) issued a decision in the case of Feldman and Slovyanskyy Bank v. Ukraine on application n. 42758/05. Facts of the case The case originated in an application by a Ukrainian national, Mr Borys Mordukhovych Feldman, and Slovyanskyy Commercial Joint-Stock Bank. The first applicant was the vice-president, founder […]

Vacancy at the Permanent Bureau of the Hague Conference on Private International Law: Diplomat Lawyer – Deadline for applications 22 January 2018

The Permanent Bureau of the Hague Conference on Private International Law (HCCH) is seeking a Diplomat Lawyer, with the following qualifications: Outstanding academic record and expertise in private international law (PIL); Excellent knowledge of the ongoing “Judgments Project” of the HCCH; Other areas of (PIL) expertise: civil procedural law, including issues of jurisdiction in civil and commercial […]

Open Justice Conference – organized by (and hosted at) the Max Planck Institute Luxembourg in cooperation with Saarland University – 1 and 2 February 2018

The Open Justice conference intends to contribute to the ongoing discussion about open justice in a constructive manner, by re-examining the traditional ideas of the principle of the public hearing in light of modern day challenges (especially the growing use of information technologies). Over the two days of the Conference, the participants will explore a variety of […]

CJEU Judgment – C-467/17 – Brigitte Schlömp v Landratsamt Schwäbisch Hall – 20 December 2017 – Lugano II Convention – Art. 62 – notion of ‘court’ – any authorities designated by a State bound by the Convention as having jurisdiction in the matters falling within its scope – an authority is classified as a court based on the functions its carries out rather than on its formal classification under national law – Swiss conciliation authorities may be classified as ‘courts’ for the purposes of the Convention

On 20 December 2017, the Court of Justice of the European Union issued a judgment in the case C-467/17 between Brigitte Schlömp v Landratsamt Schwäbisch Hall, stating that, an situations in which it is mandatory to have recourse to conciliation proceedings, a Swiss conciliation authority responsible for dealing with civil actions constitutes a court for […]

European Court of Human Rights (Third Section) – Judgment 19 December 2017 – Sashchenko v. Russia – lack of specific amounts in the text of the judgment shall not be considered per se as an obstacle to enforcement – unreasonably long delay in the enforcement of a binding judgment may breach Article 6 – most appropriate form of redress in respect of the violations found would be to put the applicants as far as possible in the position they would have been if the Convention requirements had not been disregarded – Article 41

On 19 December 2017 the ECtHR (Third Section) issued a decision in the case of Sashchenko v. Russia on application n. 50877/06. Facts of the case: the applicant tried to enforce final domestic judgment against the State On 25 October 2002 the Military Court of the Vladikavkaz Garrison (“the Military Court”) ordered, inter alia, the head […]

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