Cases, Materials and News on European Civil Procedure

Month: December 2017

CJEU – Reference for a preliminary ruling – Case C‑649/16 – 20 December 2017 – Regulation (EU) No 1215/2012 — Scope — Action for liability in tort against the members of a committee of creditors which rejected a restructuring plan in insolvency proceedings

The Court of Justice of European Union, in Case C‑649/16, on December 20th, 2017 issued a judgment on the scope of the Regulation (EU) No 1215/2012, stating that: Regulations No 1215/2012 and No 1346/2000 must be interpreted in such a way as to avoid any overlap between the rules of law that those instruments lay down and any […]

Public consultation on modernisation of judicial cooperation in civil and commercial matters in the EU (Revision of Regulation (EC) 1393/2007 on service of documents and Regulation (EC) 1206/2001 on taking of evidence)

The Justice and Consumers Department of the the EU Commission has launched a public consultation to collect stakeholders’ views in relation to the practical operation of the current legal framework of cross-border judicial cooperation in civil and commercial matters, with particular focus on the service of documents and taking of evidence. The consultation should help identify […]

EUCJ – Opinion of Advocate General Shrapston – 30 November 2017 – Case C‑147/16 – Examination by the national court, of its own motion, whether a contract falls within the scope of Directive 93-13

On 30 November 2017, the Advocate General Shrapston issued an Opinion in respect of a request for a preliminary ruling from the Magistrates’ Court, Antwerp, Belgium, in the case C‑147/16, Karel de Grote – Hogeschool Katholieke Hogeschool Antwerpen VZW v. Susan Romy Jozef Kuijpers. The case regarded a non-profit educational establishment that offered to its […]

92nd Plenary Meeting of the European Committee on Legal Co-Operation (Cdcj) – Strasbourg, 22-24 November 2017

At its 92nd Plenary Meeting in Strasbourg, from 22 to 24 November 2017, the European Committee on Legal Co-operation (CDCJ) approved publication of a report reviewing follow-up action taken by Council of Europe member states to the Committee of Ministers Recommendation CM/Rec(2009)11 on principles concerning continuing powers of attorney and advance directives for incapacity. It discussed, inter […]

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