EUCP

Cases, Materials and News on European Civil Procedure

CJEU judgment, C‑670/15 – 26 July 2017, in Jan Salplachta – Access to justice in cross-border disputes – Directive 2003/8/EC – Minimum common rules relating to legal aid granted for such disputes – Scope – Legislation of a Member State providing that the costs of translation of the supporting documents necessary for the processing of a legal aid application are not reimbursable

The European Court of Justice (Eighth Chamber), in the case C‑670/15, 26 July 2017, Jan Šalplachta (Request for a preliminary ruling under Article 267 TFEU from the Bundesarbeitsgericht – Federal Labour Court, Germany -, made by decision of 5 November 2015, received at the Court on 15 December 2015), ruled that: Articles 3, 8 and 12 of Council Directive […]

European Court of Human Rights (Fifth Section) – Velkova v. Bulgaria – 13 July 2017 – violation of 6 § 1 of the Convention and of Article 1 of Protocol No. 1 – unreasonably long delay for complying with a judgment in the applicant’s favour, during which the applicant was unable to privatise and use the property in issue – violation of Article 13 of the Convention – no effective remedy available to the applicant in connection with her complaint.

The European Court of Human Rights (First Section), in the case Velkova v. Bulgaria, 13 July 2017, was faced with an application complaining that a municipal council’s failure, for nine and a half years, to fully comply with the final judgment in the applicant’s favour had been in breach of her right to a court […]

Workshop with Max Schrems, Professor Hess, Professor Hoffman and Mr Proksch – Collective action against Facebook Ireland Ltd – Max Planck Institute Luxembourg – 19 July 2017

On the 19th of July 2017, Max Schrems visited the MPI along with his lawyers following the hearing of a case at the CJEU C-496/16 Schrems. In 2014, Mr. Schrems brought a collective action against Facebook Ireland Ltd before the district court in Vienna, the court for the place in which he is domiciled as a consumer […]

European Court of Human Rights (Second Section) – T.G. v. Croatia – 11 July 2017 – exhaustion of previous domestic remedies (Art. 35 § 1) – disclosure of the confidential information in the relevant administrative proceedings – violation of Art. 6 § 1 of the Convention – lack of an effective opportunity for the applicant to challenge the factual basis of a decision adopted by the Ministry – adminitrative procedure with no adequate safeguards to protect the interests of the applicant so as to ensure that he received a fair trial as guaranteed – Dissenting Opinion of Judge Mourou-Vikstrom

The European Court of Human Rights (Second Section), in the case T.G. v. Croatia – 11 July 2017, on an application complaining that the applicant’s firearms licence had not been renewed on the basis of police reports that had not been fully disclosed to him or his lawyer, found that the case was admissibile in […]

The revision of the European Small Claims Procedure entered into force on 14 July 2017 renders the procedure quicker and cheaper, making easier for European consumers to claim their rights

Introduced in 2007, the European Small Claims Procedure has already reduced the average length of court proceedings from 2.5 years to 5 months. The amended version becomes more widely available (for claims of up to €5 000). The threshold rises to €5 000 from €2 000. This allows: more consumers and businesses to solve their cross-border […]

Chancery Guide updated, containing detailed legal guidance on how to bring a case to the Chancery Division of the High Court of Justice

The Chancery Guide has been updated and provides important practical information about the conduct of litigation in the Chancery Division in the Rolls Building in London The Chancery Guide provides important practical information about the conduct of litigation in the Chancery Division in the Rolls Building in London. The Guide had become out of date […]

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