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Cases, Materials and News on European Civil Procedure

Procedural Review in European Fundamental Rights Cases – Cambridge University Press

Traditionally, courts adjudicate fundamental rights cases by applying substantive tests of reasonableness or proportionality. Increasingly, however, European courts are also expressly taking account of the quality of the procedure that has led up to a fundamental rights interference. Yet this procedural review is far from uncontroversial. There still is a lack of clarity as to […]

ECHR Judgment – 14 November 2017 – Uğurlu and Others v. Turkey – Art. 6 § 1 – Adequacy of the reasoning in the domestic courts’ judgments – Public confidence in the judiciary

The Court reiterates at the outset that conflicting decisions in similar cases heard in the court of last instance may, in the absence of a mechanism which ensures consistency, breach the principle of fair trial and thereby undermine public confidence in the judiciary, such confidence being one of the essential components of a State based […]

CJEU Judgment – C 641/16 – 9 November 2017 – Insolvency proceedings – Regulation (EC) No 1346/2000 – Court having jurisdiction – Action for unfair competition brought in the context of insolvency proceedings

A claim was brought by a French Company before the Tribunal de commerce de Paris after it allegedly suffered damages (for acts of unfair competition) by the German assignee of part of the business of a German company under insolvency proceedings (in Germany).  The ‘German assignee’ challenged the jurisdiction of the French court on the basis of […]

Planning the future of cross-border families: a path through coordination – Università degli Studi, Milan – 1 December 2017

On 1 December 2017, the Project ‘Planning the future of cross-border families: a path through coordination’ (EUFam’s), the aim of which is researching European Union Private international law (Conflict of Laws) of family and successions, and disseminating project findings, news, and general information on this matter, will organize in Milan the EUFam’s Final Conference, which will […]

EUFam’s database 12.11.17 – Available for public consultation the eleventh version of the EUFam’s case-law database

The Project ‘Planning the future of cross-border families: a path through coordination’ (EUFam’s), the aim of which is researching European Union Private international law (Conflict of Laws) of family and successions, and disseminating project findings, news, and general information on this matter, has published the 11th version of the EUFam’s case-law database. Currently, the database […]

Opinion of advocate general Bobek – 14 November 2017 – Case C‑498/16: Maximilian Schrems v Facebook Ireland Limited – Jurisdiction in matters relating to consumer contracts – Concept of consumer – Assignment of claims by consumers domiciled in the same Member State, in other Member States and in non-member States

Mr Maximilian Schrems has started legal proceedings against Facebook Ireland Limited before a court in Austria, alleging that the company has infringed his privacy and data protection rights. Seven other Facebook users (domiciled in Austria, other EU Member States, and in non-member States) assigned their claims for allegations of the same infringements to him in […]

Order of the Supreme Court of the Republic of Croatia in the case Franak – 3 October 2017, Revt 575/16-5 – consumer credit agreements denominated in Swiss Francs (CHF)

By Dr. Emilia Mišćenić In its order of 3 October 2017, the Croatian Supreme Court revoked the ruling of the High Commercial Court of 13 July 2014 with respect to part of the court’s decision concerning CHF currency clauses in credit agreements and ordered a renewed trial in this respect. A background of this recent decision […]

Cross-Border Litigation in Europe – Editor(s): Paul Beaumont, Mihail Danov, Katarina Trimmings, Burcu Yüksel – Hart Publishing – 11.2017

This substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil […]

Applying the Charter of Fundamental Rights of the European Union – The Academy of European Law (ERA) – Barcelona 6 – 7 November 2017

On November 6 and 7, 2017, the Academy of European Law (ERA) will organize a seminar for judges and court staff from EU Member States who are involved in the application of the EU Charter’s provisions governing Union citizens’ rights (especially in the field of civil and administrative law), aimed at providing participants with sound knowledge […]

A good forum to shop in: London and English law post-Brexit – Speech by Lord Justice Gross – 1 November 2017

On November 1, 2017, Lord Justice Gross delivered a speech at the 35th Annual Donald O’may Maritime Law Lecture in London on the role of London and English Law in international dispute resolution after Brexit. In his word: “London and English Law are world leaders in international dispute resolution. This is one of those areas where the United Kingdom […]

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