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Cases, Materials and News on European Civil Procedure

Public consultation on the targeted revision of EU consumer law directives – Deadline 8 October 2017

Further to the recently concluded Fitness Check of consumer and marketing law and evaluation of the Consumer Rights Directive, the Commission is seeking stakeholders’ views on possible targeted legislative changes in some key EU consumer law directives. The evidence gathered during these assessments points to the following areas where legislative changes may be necessary to further fine-tune […]

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

The European Court of Justice (Fifth Chamber) in the case C-670/15, 26 July 2017, Jan Salplachta (Request for a preliminary ruling under Article 267 TFEU from the Bundesarbeitsgericht – Federal Labour Court, Germany -, made by decision of 5 November 2015, received at the Court on 15 December 2015), ruled that: Articles 3, 8 and 12 […]

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

The European Court of Human Rights (Fourth Chamber), in the case Panorama Ltd and Miličić v. Bosnia and Herzegovina – 25 July 2017, was faced with a case concerning non-enforcement of domestic judgments in the applicants’ favour with regard to property claims from the 1992-95 war. The applicants were Panorama Ltd, a limited liability company […]

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

The European Court of Human Rights (First Section), in the case Velkova v. Bulgaria, 13 July 2017, was faced with an application complaining that a municipal council’s failure, for nine and a half years, to fully comply with the final judgment in the applicant’s favour had been in breach of her right to a court […]

Workshop with Max Schrems, Professor Hess, Professor Hoffman and Mr Proksch – Collective action against Facebook Ireland Ltd – Max Planck Institute Luxembourg – 19 July 2017

On the 19th of July 2017, Max Schrems visited the MPI along with his lawyers following the hearing of a case at the CJEU C-496/16 Schrems. In 2014, Mr. Schrems brought a collective action against Facebook Ireland Ltd before the district court in Vienna, the court for the place in which he is domiciled as a consumer […]

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

The European Court of Human Rights (Second Section), in the case T.G. v. Croatia – 11 July 2017, on an application complaining that the applicant’s firearms licence had not been renewed on the basis of police reports that had not been fully disclosed to him or his lawyer, found that the case was admissibile in […]

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