Cases, Materials and News on European Civil Procedure

Posts: 35


Latest Posts by the Author

  1. 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
  2. EU-US relations on justice and home affairs: committee mission – 17-21.07.17
  3. Opening of the Business and Property Courts for Wales – Speech by The Lord Chief Justice – 24 July 2017
  4. European Court of Human Right – Country Profiles – Updated on 1st July 2017
  5. 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.
  6. Meeting of the Experts’ Group on Recognition and Enforcement of Agreements in Family Matters
  7. Workshop with Max Schrems, Professor Hess, Professor Hoffman and Mr Proksch – Collective action against Facebook Ireland Ltd – Max Planck Institute Luxembourg – 19 July 2017
  8. 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
  9. 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
  10. Chancery Guide updated, containing detailed legal guidance on how to bring a case to the Chancery Division of the High Court of Justice
  11. 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
  12. Overview of the ECtHR’s case-law (January-June 2017) published on July 13, 2017
  13. Commission Delegated Regulation (EU) 2017/1260 of 19 June 2017 replacing Annex I to Regulation (EC) No 1896/2006 on a European order for payment procedure
  14. 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
  15. 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
  16. 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
  17. 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
  18. 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
  19. CJEU judgment, Case C 433/16 – 13 July 2017, in Bayerische Motoren Werke AG v. Acacia Srl – Articles 5 (3) and 24 of Regulation (EC) No 44/2001 – Challenge to the jurisdiction of the court seised – Article 82 of Council Regulation (EC) No 6/2002 of on Community designs – jurisdiction for actions for declaration of non-infringement and for related actions for a declaration of abuse of a dominant position and of unfair competition
  20. Italian Supreme Court (First Section), Judgment 15 June 2017, n. 14878 – no violation of (international) public policy of an amendment (rettifica) of a birth certificate of a son only of a woman, then married to another woman
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