Cases, Materials and News on European Civil Procedure

Posts: 47


Latest Posts by the Author

  1. European Court of Human Rights (Fifth Section) – Goldnagl v. Austria – 7 September 2017 – overall duration of the proceedings of twenty-five years and more than eleven months, notwithstanding its complexity, considered excessive and such as to fail to meet the “reasonable time” requirement – violation of Article 6 par. 1 of the Convention – no causal link between the violation found and the pecuniary damage alleged, but non pecuniary damage suffered to be compensated on an equitable basis
  2. Call for experts for consultancy services on judicial and prosecutorial independence – Council of Europe Office in Belgrade – deadline 29 September 2017
  3. EU Commision Position paper on Intellectual property rights after Brexit
  4. 10th Edition of the Admiralty and Commercial Courts guide published on 12 September 2017
  5. 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
  6. Opinion of Advocate General Bobek, 7 September 2017, in the Case C 298/16 Teodor Ispas Anduța Ispas v. Direcția Generală a Finanțelor Publice Cluj – Article 41 CFR of the EU – Tax assessment notices establishing value added tax due – Procedural rights of taxpayers in the national procedure for collection of value added tax – Scope of application of EU fundamental rights – Rights of the defence – Article 41 of the CFR of the EU – Right to be heard – Access to the file – Right to have access to information and documents forming the basis of a decision
  7. Reforms to compensation payouts announced – UK Ministry of Justice and The Rt Hon David Lidington MP – 7 September 2017
  8. Brexit: A comparison between the EU and the UK policy papers on their positions on judicial cooperation in civil and commercial matters –
  9. United Kingdom’s position on cross-border civil judicial cooperation in the future partnership – 22 August 2017
  10. Call for evidence on the operation of collective redress arrangements in the Member States of the European Union – Deadline 15 August 2017
  11. Public consultation on the targeted revision of EU consumer law directives – Deadline 8 October 2017
  12. 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 legala id 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 legala id application are not reimbursable
  13. European Court of Human Rights (Fourth Section) – Panorama Ltd and Miličić v. Bosnia and Herzegovina – 25 July 2017 – authorities’ prolonged failure to comply with binding and enforceable judgments – refusal of the Federal Ministry of Finance to authorise payment of default interest – violation of Article 6 par. 1 of the Convention and of Article 1 of Protocol No. 1
  14. EU-US relations on justice and home affairs: committee mission – 17-21.07.17
  15. Opening of the Business and Property Courts for Wales – Speech by The Lord Chief Justice – 24 July 2017
  16. European Court of Human Right – Country Profiles – Updated on 1st July 2017
  17. European Court of Human Rights (Fifth Section) – Velkova v. Bulgaria – 13 July 2017 – violation of Art. 6 par. 1 of the Convention and of Article 1 of Protocol N. 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
  18. Meeting of the Experts’ Group on Recognition and Enforcement of Agreements in Family Matters
  19. Workshop with Max Schrems, Professor Hess, Professor Hoffman and Mr Proksch – Collective action against Facebook Ireland Ltd – Max Planck Institute Luxembourg – 19 July 2017
  20. European Court of Human Rights (Second Section) – T.G. v. Croatia – 11 July 2017 – exhaustion of previous domestic remedies (Art. 35 par. 1) – disclosure of the confidential information in the relevant administrative proceedings – violation of Art. 6 par. 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
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