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Cases, Materials and News on European Civil Procedure

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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

The European Court of Human Rights (Fifth Section), in the case Goldnagl v. Austria – 7 September 2017 (Application no. 6822/12) was faced with a complaint of a violation of the “reasonable time” requirement ex Article 6 par. 1 of the Convention in respect of a proceedings on spousal maintenace started in 1991 and still pending. […]

Call for experts for consultancy services on judicial and prosecutorial independence – Council of Europe Office in Belgrade – deadline 29 September 2017

Under the Horizontal Facility for Western Balkans and Turkey, the Action “Strengthening Legal Guarantees for Independent and Impartial Tribunals”, the Council of Europe Office in Belgrade is launching two calls for expression of interest for consultancy services, one for international and one for national experts, on judicial and prosecutorial independence and impartiality in Serbia. For […]

EU Commision Position paper on Intellectual property rights after Brexit

On 6 September 2017, the EU Commission (Task Force for the Preparation and Conduct of the Negotiations with the United Kingdom under Article 50 TEU) has transmitted to EU27 a Position paper on Intellectual property rights after Brexit, for discussion at the Council Working party (Art. 50) of 7 September 2017. The paper contains the main principles of the EU position […]

10th Edition of the Admiralty and Commercial Courts guide published on 12 September 2017

The 10th Edition of the Admiralty and Commercial Courts guide, published on 12 September 2017, includes information on: alternative dispute resolution starting a case in the court filing particulars of claim, a defence or a reply case management conferences disclosure orders applications to the court preparing evidence for the trial how trials are conducted arbitration […]

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

The European Court of Human Rights (First Section), in the case Ezegeta v. Croatia – 7 September 2017 (Application no. 40562/12) was faced with a complaint that the decision was rendered by a court not to be regarded as a “tribunal established by law” in the sense of Article 6, par. 1 of the Convention. By […]

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

The Advocate General Bobek, in the Case C‑298/16 Teodor Ispas Anduța Ispas v. Direcția Generală a Finanțelor Publice Cluj (Request for a preliminary ruling from the Curtea de Apel Cluj – Court of Appeal, Cluj, Romania -), has rendered on 7 September 2017 the following Opinion: The general principle of respect for the rights of the defence […]

Reforms to compensation payouts announced – UK Ministry of Justice and The Rt Hon David Lidington MP – 7 September 2017

On 7 September 2017 measures to change the way compensation payouts are calculated have been unveiled by Lord Chancellor David Lidington. The reforms will make sure personal injury victims get the right compensation – and could also see significant savings for motorists through lower car insurance premiums and the NHS. The discount rate is the percentage […]

Brexit: A comparison between the EU and the UK policy papers on their positions on judicial cooperation in civil and commercial matters –

Simon Jones, Partner at Clifford Chance, London (Practice area Litigation & Dispute Resolution) has published a client briefing “BREXIT: The way forward for applicable law and civil jurisdiction and judgments?”, making a comparison between both the EU and the UK papers, which offers a hint as to what a withdrawal deal might look like regarding these […]

United Kingdom’s position on cross-border civil judicial cooperation in the future partnership – 22 August 2017

On 22 August 2017, the UK Department for Exiting the European Union, has published  a policy paper providing a cross-border civil judicial cooperation framework, as part of the negotiations with the EU on Brexit. As the United Kingdom leaves the European Union, the Government will seek a deep and special partnership with the EU. Within this partnership, cross-border […]

Call for evidence on the operation of collective redress arrangements in the Member States of the European Union – Deadline 15 August 2017

The European Commission is assessing how the Commission Recommendation of 11 June 2013 on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning violations of rights granted under Union Law is being implemented in practice. The overall objective of the consultation is to collect information on stakeholders’ practical experiences with […]

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