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Cases, Materials and News on European Civil Procedure

Day: September 12, 2017

EU Commision Position paper on Intellectual property rights after Brexit

On 6 September 2017, the EU Commission (Task Force for the Preparation and Conduct of the Negotiations with the United Kingdom under Article 50 TEU) has transmitted to EU27 a Position paper on Intellectual property rights after Brexit, for discussion at the Council Working party (Art. 50) of 7 September 2017. The paper contains the main principles of the EU position […]

10th Edition of the Admiralty and Commercial Courts guide published on 12 September 2017

The 10th Edition of the Admiralty and Commercial Courts guide, published on 12 September 2017, includes information on: alternative dispute resolution starting a case in the court filing particulars of claim, a defence or a reply case management conferences disclosure orders applications to the court preparing evidence for the trial how trials are conducted arbitration […]

European Court of Human Rights (First Section) – Ezegeta v. Croatia – 7 September 2017 – proceedings conducted by a court administrator (Buje Municipal Court) not authorised under the relevant domestic law to conduct such proceedings and not to be regarded as a “tribunal established by law” – violation of Article 6 par. 1 of the Convention – the most appropriate form of redress in case of violation of Article 6 would be not a pecuniary sanction but to reopen the proceedings in due course and re examine the case in keeping with all the requirements of a fair hearing

The European Court of Human Rights (First Section), in the case Ezegeta v. Croatia – 7 September 2017 (Application no. 40562/12) was faced with a complaint that the decision was rendered by a court not to be regarded as a “tribunal established by law” in the sense of Article 6, par. 1 of the Convention. By […]

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