EUCP

Cases, Materials and News on European Civil Procedure

Day: March 10, 2018

Opinion of Advocate General Tanchev in the Case C 34/17 – 8 March 2018 – Eamonn Donnellan v. The Revenue Commission Council Directive 2010/24/EU – Mutual assistance for the recovery of claims relating to taxes, duties and other measures – Notification to a person of a claim after, rather than before, the issuance of a request for its recovery by the uniform instrument permitting enforcement under Article 12 of Directive 2010/24 – Permissibility of challenge under Article 14 of Directive 2010/24 in the courts of the requested Member State to enforcement of the claim — Article 47 of the Charter of Fundamental Rights of the European Union — Right to effective judicial protection

The Advocate General Tanchev, in the Case C‑34/17 (Eamonn Donnellan v. The Revenue Commissioners), delivered on 8 March 2018 the following Opinion on Artt. 12 and 14 of the Council Directive 2010/24/EU and on Article 47 of the Charter of Fundamental Rights of the European Union. The main proceedings require the Court to rule on the […]

CJEU Judgment (7th Chamber) – C 64/17 – Saey Home & Garden NV/SA v. Lusavouga-Máquinas e Acessórios Industriais SA – 8 March 2018 – Regulation (EU) No 1215/2012 – Article 25 – a jurisdiction clause set out in the general conditions of sale mentioned in invoices issued by one of the contracting parties does not satisfy the requirements of that provision – Article 7(1) – court with jurisdiction to hear a claim for compensation relating to the termination of a commercial concession agreement concluded between two companies established and operating in two different Member for the distribution of goods on the domestic market of a third Member State in which neither of those companies has a branch or establishment

On 8 March 2018, the Court of Justice of the European Union issued a judgment in the case C‑64/17, between Saey Home & Garden NV/SA v. Lusavouga-Máquinas e Acessórios Industriais SA, on a request for a preliminary ruling under Article 267 TFEU from the Tribunal da Relação do Porto (Court of Appeal, Porto, Portugal) concerning the […]

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