On April 10th, 2018, Advocate General Tanchev delivered his opinion in Case C-88/17, concerning international jurisdiction in respect of a claim for contractual damages under the second indent of Article 5(1)(b) of Brussels I Regulation, in a context entailing the multimodal transport of goods from one Member State to another. Facts of the case ALS […]
Category: Reg. EU 44/2001
CJEU Judgment (1st Chamber) – Case C-560/16 – E.ON Czech Holding AG v. Michael Dědouch, Petr Streitberg, Pavel Suda – 7 March 2018 – Regulation (EC) No 44/2001 – Article 22(2) — Exclusive jurisdiction of the courts of the Member State in whose territory the organs of companies or legal persons have their seat – Validity of decisions of the organs of companies or legal persons
On 7March 2018, the Court of Justice of the European Union issued a judgment in the case C-560/16, between E.ON Czech Holding AG v. Michael Dědouch, Petr Streitberg, Pavel Suda, on a request for a preliminary ruling under Article 267 TFEU from the Nejvyšší soud (Supreme Court, Czech Republic) concerning the interpretation of Article 5(1)(a) and […]
CJEU Judgment – C-498/16 – Maximilian Schrems v Facebook Ireland Limited – 25 January 2018 – Regulation (EC) No 44/2001 — Articles 15 and 16 — Jurisdiction in respect of consumer contracts — Definition of ‘consumer’ — Assignment between consumers of claims against the same trader or professional)
On 25 January 2018, the Court of Justice of the European Union issued a judgment in the case C-498/16 between Maximilian Schrems and Facebook Ireland Limited, stating on the definition of “consumer” under Articles 15 and 16 of Brussels I. The referring court asks, in essence, (A) whether Article 15 of Regulation No 44/2001 must be interpreted […]
Opinion of advocate general Bobek – 14 November 2017 – Case C‑498/16: Maximilian Schrems v Facebook Ireland Limited – Jurisdiction in matters relating to consumer contracts – Concept of consumer – Assignment of claims by consumers domiciled in the same Member State, in other Member States and in non-member States
Mr Maximilian Schrems has started legal proceedings against Facebook Ireland Limited before a court in Austria, alleging that the company has infringed his privacy and data protection rights. Seven other Facebook users (domiciled in Austria, other EU Member States, and in non-member States) assigned their claims for allegations of the same infringements to him in […]
