EUCP

Cases, Materials and News on European Civil Procedure

Month: July 2017

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 The Guide had become out of date […]

Order of the President of the General Court in Case T-125/17, BASF Grenzach GmbH v European Chemicals Agency (ECHA) – 13 July 2017 – dismissal of the BASF Grenzach’s application for interim measures regarding triclosan, a preservative for cosmetic products

By the Order issued on July 13, 2017, the President of the General Court has dismissed BASF Grenzach’s application for interim measures on the ground that it has not established the urgency of the interim measures requested. As regards the alleged risk of facing legal action for a possible infringement of the Cosmetics Regulation, the […]

Commission Delegated Regulation (EU) 2017/1259 of 19 June 2017 replacing Annexes I, II, III and IV to Regulation (EC) No 861/2007 establishing a European Small Claims Procedure

On July 13, 2017, the European Commission adopted the Commission Delegated Regulation (EU) 2017/1259 of 19 June 2017 replacing Annexes I, II, III and IV to Regulation (EC) No 861/2007 of the European Parliament and of the Council establishing a European Small Claims Procedure Full text of the Regulation

CJEU judgment in the Case C 60/15 P, 13 July 2017, Appeal under Article 56 of the Statute of the CJEU, Saint-Gobain Glass Deutschland GmbH – appellant – v. European Commission – defendant at first instance – Right of access to documents held by EU Institutions – Regulation (EC) No 1049/2001 – Exceptions to the right of access – Article 4(3), first subparagraph – Protection of the decision-making process of those institutions – Environment – Aarhus Convention – Regulation (EC) No 1367/2006 – Article 6(1) – Public interest in the disclosure of environmental information – Partial refusal of access

The European Court of Justice (Fifth Chamber), in the Case C‑60/15 P, 13 July 2017, on an Appeal brought under Article 56 of the Statute of the CJEU on 11 February 2015, by Saint-Gobain Glass Deutschland GmbH appellant, v. European Commission, defendant at first instance, has decided as follows: Sets aside the judgment of the General Court of the European […]

Opinion of Advocate General Bobek, 13 July 2017, in the Case C 194/16 Bolagsupplysningen OÜ Ingrid Ilsjan v. Svensk Handel AB – Article 7(2) of Regulation (EU) No 1215/2012 – Publication of information on the internet — Personality rights of legal persons — Centre of interests — Injunction to have information deleted and corrected in a different Member State — Claim for damages

The Advocate General Bobek, in the Case C‑194/16 Bolagsupplysningen OÜ Ingrid Ilsjan v. Svensk Handel AB (Request for a preliminary ruling from the Riigikohus – Supreme Court, Estonia), rendered on 13 July 2017 the following Opinion: Article 7(2) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition […]

Opinion of Advocate General Saugmandsgaard Øe, 13 July 2017, in the Case C 341/16, Hanssen Beleggingen BV v. Tanja Prast-Knipping – Article 22(4) Regulation (EC) No 44/2001 – Exclusive jurisdiction in proceedings concerned with the registration or validity of trade marks

The Advocate General Saugmandsgaard in the Case Case C 341/16, Hanssen Beleggingen BV v. Tanja Prast-Knipping (Request for a preliminary ruling from the Oberlandesgericht Düsseldorf – Higher Regional Court of Düsseldorf, Germany), rendered on 13 July 2017 the following Opinion: An action such as that brought in the main proceedings, seeking an order requiring the person formally registered […]

CJEU judgment, Case C-368/16 – 13 July 2017, in Assens Havn v. Navigators Management (UK) Limited – Jurisdiction in insurance matters – interpretation of point 5 of Article 13 and point 2(a) of Article 14 of Council Regulation (EC) No 44/2001 – Injured person’s right to bring legal proceedings directly against the insurer of the person responsible for an accident — Agreement on jurisdiction concluded between the insurer and the party which caused the damage not binding

The European Court of Justice (Eighth Chamber), in the Case C‑368/16, Assens Havn v. Navigators Management (UK) Limited (Request for a preliminary ruling under Article 267 TFEU from the Højesteret (Supreme Court, Denmark), made by decision of 20 June 2016, received at the Court on 6 July 2016), ruled that: Point 5 of Article 13 of Council Regulation (EC) No 44/2001 […]

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