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Cases, Materials and News on European Civil Procedure

Conferences & Seminars

“Evidence in the process” – 2nd Joint Conference of the International Association of Procedural Law and the Instituto Iberoamericano de Derecho Procesal – Salamanca 17 to 19 October 2018
The University of Salamanca (Spain) will host from 17 to 19 October 2018 the 2nd Joint Conference of the International Association of Procedural Law and the Instituto Iberoamericano de Derecho Procesal. The topic of the conference will be Evidence.
The Conference will also host the first edition of the Marcel Storme Essay Prize for young proceduralists
“Evidential Legal Reasoning” – World Congress – Girona (Spain) – June 2018

The Chair of Legal Culture of the University of Girona (Spain) is organizing the Evidential Legal Reasoning World Congress. The event will be attended by 18 speakers from 4 continents, all of them major international specialists in the field of evidentiary reasoning in the judicial process. The purpose of the conference is to offer, as one of its main attractions, a debate among the different perspectives of different legal traditions and cultures around the world.

More info

Young Lawyers Contest: EU law in practice – 6-7 September 2018, Trier, Germany
ERA in cooperation with CCBE are organising a ‘Young Lawyers Contest: EU law in practice’ which will take place on 5-6 September 2018 in Trier, Germany. The aim of the Contest is to bring together future lawyers from different European countries at a time when they are undergoing entry level training to enable them to share common values and to exchange new experiences/discuss new perspectives in areas of common interest.
European Civil Procedure in Family Law matters (CI/2018/04) – The European Judicial Training Network (EJTN) – 11 and 12 July 2018 – Thessaloniki, Greece 
  • The added value of the two day-long seminar consist of delivering in-depth insights on highly specialized topics pertaining to diversified aspects of family law (e.g. cross-border divorce and parental responsibility).
  • The seminar is designed to provide the basic training in this field of European Law.
  • The training will be carried out by leading academics and practitioners, expert speakers will be called to expand upon such aspects as jurisdiction, applicable law, EU instruments, recognition and enforcement of decisions and cooperation in matters relating to the subjects of the seminar.
  • In order to combine the theoretical approach with a more concrete one, workshop sessions will also be organized in order to provide a widened knowledge on EU legislation and case-law and facilitate the exchange of best practices.
  • Target audience: Judges and prosecutors from all EU Member States

More info

Consultative Council of European Judges (CCJE) – Seminar on the “Status of Judges in Europe” – Tallinn (Estonia), 14 and 15 June 2018

Punitive Damages and European Private International Law: State of the Art and Future Developments – Milan, 11 May 2018

On 11 May 2018 the Department of Italian and Supranational Public Law of the University of Milan will host a conference  on Punitive Damages and European Private International Law: State of the Art and Future Developments, in cooperation with the Interest Group on Private International law of the Italian Society of International Law and with the Rivista di diritto internazionale privato e processuale.

The conference takes inspiration from a recent revirement of the Italian Corte di Cassazione (Cass., S.U., 5 July 2017, No 16601) and aims at analysing the private international issues involved by the recognition of  punitive damages within European legal orders.

Admission is free. Participants are kindly asked to register by 4 May 2018 here.

For information please contact conference.pil.milan@gmail.com

More info

Forum Conveniens Annual Lecture – University of Edinburgh, 2 May 2018 – 5.30 – 7 pm – Raeburn Room, Old College, South Bridge, Edinburgh, EH8 9YL
Speaker: Dr. Alex Mills, Reader in Public and Private International Law at University College London, on the topic: “Party Autonomy in Private International Law: The Privatisation of Global Governance?”
The event is free but registration is required

EU law and investment arbitration: a dialogue between legal orders – Conferences – 26 April 2018 – 30 April 2018. Co-organised with the International Arbitration Institute, the conference will take place in Kavala, Greece.

ERA Academy – Intellectual Property Litigation and the Fight against Counterfeiting in the EU – 19-20 April 2018, Trier, Germany

This seminar will examine the implementation of Directive 2004/48/EC on the civil enforcement of intellectual property rights from a practical angle. It will also provide training on EU customs enforcement of intellectual property rights. Procedural issues related to intellectual property litigation will be discussed on the basis of national and CJEU case law. The legal concepts will be illustrated by practical examples and applied through case studies. Alternative measures such as ADR and voluntary mechanisms will be explored.

More info

German Workshop on Cross-Border Enforcement in the EU (“IC2BE”) – Albert-Ludwigs-University of Freiburg (Germany), 13 April 2018

Consultative Council of European Judges (CCJE) – Launch of the Global Judicial Integrity Network – “Joining Forces to Strengthen Judicial Integrity and Prevent Corruption in the Justice System” – Vienna, 09-10 April 2018

Location, location, location, location – Cross Border Litigation – Dealing With Jurisdiction Issues – Multiple Dates 2018 – London – by Europa Law – Efficient Intelligence for Lawyers

Fully updated for 2018 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Analysis Pack & structured advice outlines for all case studies | 6 CPD Points

Presenter; Graeme Wood.

Overview

With the expansion of the European Union since its inception, EU cross border litigation has become increasingly common and with it a host of issues that are peculiar to this form of litigation. Of all those issues jurisdiction has proved the most difficult and controversial. David Joseph QC in his work on this area states that ‘Frequently more time and effort is expanded in resolving the question of jurisdiction than any other issue’. As the EU continues to implement its overriding policy to harmonise and standardise the rules in various areas of civil litigation before the courts of member states it has never been so important for those involved in this area to be fully appraised of the applicable rules. This seminar will explore the jurisdictional rules for cross-border disputes as contained in Regulation 44/2001 (‘Brussels I’) and Regulation 2215/2012 (The Brussels I Re-cast Regulation). This program will be of interest and relevance to any legal practitioner whose practice encompasses cross-border litigation within the territory of the EU. It will also be relevant to any corporate manager, executive or business person who has dealings with companies in any EU member state.

Example areas covered during the program

  • What are the rules for deciding which of several EU courts can hear a particular case?
  • How can a party in England prevent proceedings taking place in another EU country?
  • Are the parties free to agree the law that will govern their contract in the event of a dispute?
  • The application and effect of the Judgments Regulation (Regulation 44/2001)
  • The scope of Brussels I – the effect on arbitration proceedings
  • Article 2 – the distinction with traditional jurisdiction
  • The use of jurisdiction clauses in commercial contracts-Article 23
  • When the courts of EU member states are afforded exclusive jurisdiction–Article 22
  • Staying proceedings in England – the doctrine of forum non conveniens-the approach of the Court of Justice to stays on this basis – Owusu v Jackson
  • The use of anti-suit injunctions to restrain the breach of jurisdiction clauses – Turner v Grovit
  • The special rules for contract and tort cases–Article 5
  • Dealing with duplicate proceedings in multiple EU states
  • The use of interim remedies in intra-EU disputes
  • Key changes introduced by the Brussels I Re-Cast Regulation

DATE AND TIME

  • Thu 26 April 2018 – 09:30 – 17:00 BST – Central London TBA
  • Thu 27 September 2018 – 09:30 – 17:00 BST – Central London TBA
  • Thu 15 November 2018 – 09:30 – 17:00 GMT – Central London TBA

The proposed new EU conflict-of-law rules on the assignment of claims: a seminar in Ferrara – 14 March 2018 

On 4 April 2018, a seminar (in English) will take place at the Department of Law of the University of Ferrara under the title Voluntary Assignment and Contractual Subrogation under EU Private International Law. The Commission proposal for a regulation on the law applicable to the third-party effects of assignments of claims (published on 12 March 2018), will be one of the key topics of the seminar.

Speakers include Martin Gebauer (University of Tübingen), Antonio Leandro (University of Bari), Alina Ontanu (Erasmus University Rotterdam) and Riccardo Manfrini (lawyer in Treviso).

More info

Jura Falconis Conference 2018 – European Private International Law at 50. Celebrating and Contemplating EEX and its Successors – 23 March 2018, 10 AM – 5:30 PM – Auditorium Zeger Van Hee, College De Valk, Tiensestraat 41, Leuven (Belgium)

In 2018 it will be the 50th year since the adoption of the 1968 Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters.

Co-organised by Leuven Law’s Institute of Private International Law and Jura Falconis, KU Leuven’s student law review, this event will consider, capita selecta wise, the application and implications of the Convention and its successors. It will also discuss the future direction of EU private international law both for civil and commercial matters, and for issues outside of commercial litigation. At a time when in most Member States the majority of commercial transactions have some kind of international element, this is a timely refresher for practitioners, judges, students and scholars alike.

Registration and program

How European is European Private International Law?– Berlin, 2-3 March 2018

  • The conference, organized by Prof. Dr. Jürgen Basedow (Max Planck Institute Hamburg), Prof. Dr. Jan von Hein (University of Freiburg), Prof. Dr. Eva-Maria Kieninger (University of Würzburg) and Prof. Dr. Giesela Rühl (University of Jena), aims to shed light on the present lack of “Europeanness” of European private international law and to discuss how European private international law can become more truly European in the future.
  • Over the course of the last decades, the European legislature has adopted a total of 18 Regulations in the area of private international law (including civil procedure). The resulting substantial degree of legislative unification has been described as the first true Europeanisation of private international law and even as a kind of “European Choice of Law Revolution”. However, until today it is largely unclear whether the far-reaching unification of the “law on the books” has turned private international law into a truly European “law in action”: To what extent is European private international law actually based on uniform European rules common to all Member States rather than on state treaties or instruments of enhanced cooperation? Is the way academics and practitioners analyze and interpret European private international law really different from previously existing domestic approaches to private international law? Or is the actual application and interpretations of European private international law rather still influenced or even dominated by national legal traditions, leading to a defragmentation of a supposedly uniform body of law?
  • Bringing together academics and practitioners from all over Europe, the conference will provide a platform to answer those questions.
  • More info
  • Flyer

IPS 2017 – IP Summit 2017 – The Pan-European Intellectual Property Summit – Brussels 7 December 2017

Special Commission on the Judgments Project – Permanent Bureau of the Hague Conference on Private International Law (HCCH) – 13-17 November 2017

Shiraka Training Programme – Administration of Justice 2017-2018 – 12 – 21 November 2017

  • The Netherlands-Arab Partnership (Shiraka) was launched by the Ministry of Foreign Affairs as a successor to the Matra South Programme. Shiraka aims to support the sustainable democratic transition and is dedicated to contribute to the political developments in the Arab region. One of the components of this partnership is the Shiraka Training Programme (STP), an instrument for enforcement of the bilateral relations between the Netherlands and eligible countries at government level.
  • This year’s professional development course on ‘Administration of Justice’ is being implemented by the T.M.C. Asser Instituut. The course consists of a theoretical and practical component, as well as study visits. The objective of this course is for civil servants, judges and prosecutors working in the field of administration of justice to share their knowledge and skills enabling them to lead and inspire the modernisation of the judiciary and prosecution services. The course also aims to strengthen participants’ ties with the Netherlands and the Dutch government; especially between Dutch civil servants and their counterparts in the target countries.
  • More info on eligible countries, course outline and content, dates, location and costs language

Meeting of the ELI SIG ‘Dispute Resolution’ in Barcelona, ES – 20 October 2017

  • On 20 October 2017, the Members of the ELI ‘Dispute Resolution’ SIG will meet for the fifth time to discuss the papers submitted following the meeting in April 2017 in Leuven, and to plan ahead. The meeting will be organised by the Universitat Oberta de Catalunya, and will be hosted by Professor Aura Esther Vilalta Nicuesa.

Jurisdiction, Conflict of Laws and Data Protection in Cyberspace – Luxembourg, 12 October 2017

  • The Conference, jointly organized by the Max Planck Institute for Procedural Law in Luxembourg and the Vrije Universiteit, Brussel, intends to contribute to the ongoing discussion on the challenges to the protection of privacy in the Digital Age. Full programme

66th EJN contact points meeting of the European Judicial Network in Civil and Commercial Matters – Regulation(EU) No 655/2014 on EAPO and Regulation (EC) No 1896/2006 creating a European Order for Payment Procedure – 5 October 2017

arch 2018

  • The 66th meeting of the EJN contact points (05 October 2017) is dedicated to the sharing of experience in applying the Regulation(EU) No 655/2014 establishing a European Account Preservation Order Procedure and the Regulation (EC) No 1896/2006 creating a European Order for Payment Procedure. The Network will use the opportunity of this meeting to mark the definitive phasing out of the old Judicial Atlas and to emphasise the importance of availability of legal information in the European eJustice Portal.
  • Agenda

Second meeting of the ILA Committee on the Rules of Procedure of International Courts and Tribunals – MPI Luxembourg for Procedural Law  – 22 and 23 September 2017.

  • The topic – and the Committee’s activity – are oriented towards the practice of law. It aims to put forward pragmatic solutions to selected problems. Although certain questions of theory (e.g. – the role of the sovereignty of States in the realm of procedure) may arise in the course of its mandate, the focus of the Committee will remain on the practical implications for the managing of proceedings in international courts and tribunals, taking advantage of a comparative approach to similar issues. More

The ELI 2017 Annual Conference and General Assembly – Vienna,  6–8 September 2017.

  • During the General Assembly the President, Vice-President and other representatives of ELI bodies will report on the progress achieved by the Institute in the preceding year to ELI Members. In line with the ELI’s Byelaws, ELI Members will also be given the opportunity to elect 30 new Council Members. The elections will take place between 6–7 September. Various panel sessions will provide ELI Members and external participants with the opportunity to discuss the most topical legal issues on the European legal landscape, including: Rescue of Business in Insolvency Law; Detention of Asylum Seekers and Irregular Migrants and the Rule of Law; Common Constitutional Principles in Europe; Transnational Principles to European Rules of Civil Procedure; Building a Data Economy; The Courts and Alternative Dispute Resolution; Rules and Standards for Online Intermediary Platforms; Business and Human Rights; Internet of Things; Third-Party Funding of Litigation; Fiduciary Access to Digital Assets; Protection of Adults in International Situations; Empowering European Families; R&D Tax Incentives; Conflict of Laws and Digitalisation. Michael O’Flaherty, Director of the EU Agency for Fundamental Rights, will deliver one of the keynote lectures.
  • Agenda

The Hague Academy of International Law: The Private Public Divide – 31 July – 6 August 2017

Public hearing on Civil Procedure Project – ELI/UNIDROIT Civil Procedure Project – European Parliament Legal Affairs Committee – 12 July 2017

  • On 12 July, the JURI Committee organised a hearing on The ELI/UNIDROIT Civil Procedure Project: state of play and next steps. Ms Diana Wallis, the President of the European Law Institute, and Dr Eva Storskrubb presented the first consolidated draft rules on ‘Access to information and evidence’, ‘Service and due notice of proceedings’ and ‘Provisional and protective measures’ and will discuss the next steps of the project. The debate took place with the participation of the Commission.

Collective Redress in South East Europe – 13/07/2017

  • Strengthening the regional cooperation in the field of collective redress for consumers in South East Europe is the central focus of a running project funded by the German Ministry of Economic Cooperation and Development and implemented by Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ), Open Regional Fund for South East Europe-Legal reform. BIICL has been a partner in the research and has contributed to a comparative legal analysis report.
  • A summary of the project is available here.

Second International IP Enforcement Summit – Berlin, 22 and 23 June 2017

  • Following the first International IP Enforcement Summit held in London in 2014, the second edition of this international gathering will bring together once again key European and international decision makers, enforcement agencies, multinational companies, consumer representatives and businesses. This edition will look in particular at new trends and technologies, as well as explore alternative enforcement techniques relevant to the online environment.
  • Programme

Meeting of the Experts’ Group on Recognition and Enforcement of Agreements in Family Matters – 14-16 June 2017

  • From 14 to 16 June 2017, the Experts’ Group on cross-border recognition and enforcement of agreements in family disputes involving children met at the offices of the Permanent Bureau in the Hague. The meeting was attended by 28 experts and members of the Permanent Bureau under the chairmanship of Pr. Paul Beaumont from the University of Aberdeen.

European Judicial Training NetworkCalendar of Training Activities 2017

Lo spazio giudiziario europeo in materia civile nella giurisprudenza italiana ed europea. Scuola Superiore della Magistratura – Roma 3-5- maggio 2017

 

2nd International Conference – Dispute Resolution of Consumer Mass Disputes – Collective Redress, Class Action and ADR – Haifa, Israel – 16th – 17th March 2017

  • The Faculty of Law at the University of Haifa will hold its second international conference on resolution of mass disputes on March 16th-17th, 2017.
    This second conference is organized jointly with the European Institute in Florence, and City University of Hong Kong, and focuses primarily on international consumer disputes. It hosts a number of distinguished scholars and practitioners from different jurisdictions, including Asia, Europe, the United Kingdom and the United States. Among the confirmed speakers are Professors John Coffee from Columbia Law School, Carrie Menkel-Meadow from UCI Law, Arthur Miller from NYU, Geraint Howells from City University of Hong Kong, Hans-Wolfgang Micklitz from the EUI, Diana Wallis former Vice President of the European Parliament and current president of the European Law Institute, and Adrian Zuckerman from the University of Oxford.
  • Programme

EU Civil Procedure Law and Third Countried: Which Way Forward? – 2 – 3 February 2017 – Institute of East European Law of Kiel University (Germany)

European Day of Justice – 25.10.2016
  • The European Day of Justice has been celebrated on 25 October 2016. The initiative aimed to bring justice closer to all European citizens, by informing them on their rights and of the available tools in place for facilitating access to cross-border justice, as well as raise awareness of EU law among legal professionals through communication and other related activities across the EU Member States.

Changes and challenges in cross-border litigation – a post-referendum view from the UK – Institute of Advanced Legal Studies – 07 Oct 2016

  • This half day conference will give speakers and attendees the opportunity to reflect on topics that are or could be affected by ‘Brexit’ for better or worse. The focus is on areas of law that are relevant to commercial law such as effects on choice of law in contracts, dispute resolution, banking resolution and cross border securities. A comparative viewpoint will be taken to include perspectives from Scotland and England and other European legal systems. The objective is to invite fresh approaches to legal solutions as they have been manifested in European Union legislation that may benefit from rethinking in the light of the June 2016 referendum on the UK’s EU Membership.
  • Programme

First unalex Conference on European international civil procedure – Enhancing cooperation between authors from various Member States, University of Zagreb – 29/30 September 2016

EUPILLAR PROJECT (European Union Private International Law: Legal Application in Reality) – JUST/2013/JCIV/AG/4635 – “Cross-Border Litigation in Europe” – Centre for Business Law and Practice, University of Leeds, and the Centre for Private International Law, the University of Aberdeen – 16 and 17 June 2016 – Wolfson Theatre, New Academic Building, LSE, London

Cross-Border Litigation in Europe: Private International Law Legislative Framework, National Courts and The Court of Justice of The EU “EUPILLAR” – 27 May 2017

  • Presentazione dei risultati della ricerca sull’applicazione in Italia dei regolamenti dell’Unione europea in materia di diritto internazionale privato e processuale condotta dal team dell’Università degli Studi di Milano
  • Programme
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