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Cases, Materials and News on European Civil Procedure

Final UNALEX Conference – (Non-)Uniform interpretation of EU-Instruments on Private International Law by the Courts of the Member States – November 24th, 2017 – University of Innsbruck

On November, 24, 2017 the legal symposium on “(Non-)Uniform interpretation of EUInstruments on Private International Law by the Courts of the Member States” will be organized by the EU-project “Unalex – multilingual information for the uniform interpretation of the instruments of judicial cooperation in civil matters” in cooperation with the University of Innsbruck, when the Conclusions from Case […]

CJEU Judgment – C 194/16 – 17 October 2017, Regulation (EU) No 1215/2012 — Jurisdiction Pursuant Art. 7 (2) — Infringement of the rights of a legal person by the publication on the internet – Place where the damage occurred — Centre of interests of that person

The Court of Justice of the European Union, in Case C‑194/16 of 17 October 2017, issued a judgment concerning the interpretation of Article 7(2) of Regulation (EU) 1215/2012 in relation with internet infringement of personality rights, stating that: a legal person claiming that its personality rights have been infringed by the publication of incorrect information […]

Austrian Supreme Court – Decision 7 July 2017 – N. 6 Ob 18/17s – consumer contracts, Section 4, Artt. 17 and 7 (2) – Brussels I Regulation Recast

by Christian Koller & Laura Kilzer The Austrian Supreme Court has ruled that neither legal claims for damages against a German publicly listed company arising from the violation of capital market obligations nor a shareholder’s claims against the issuer when purchasing shares on the secondary market are subject to the special provisions on jurisdictions regarding consumer […]

Visit by a delegation from the Court of Justice of the European Union to the European Court of Human Rights – 16 October 2017

A delegation from the Court of Justice of the European Union, headed by its President, Koen Lenaerts, paid a working visit to the European Court of Human Rights on 16 October 2017. The visiting judges took part in roundtable discussions with members of the Court and Registry. The discussions concerned recent case-law of the two […]

Opinion of Advocate General Szpunar – Case C 467/16 – 18 October 2017 – Brigitte Schlömp v. Landratsamt Schwäbisch Hall – Lugano II Convention – Articles 27 and 30 – Lis pendens – Concept of ‘court’

The Advocate General Szpunar, in the Case C-467/16 (Brigitte Schlömp v. Landratsamt Schwäbisch Hall) delivered on 18 October 2017 the following Opinion on Articles 27 and 30 of Lugano II Convention: In the light of the foregoing considerations, I propose to answer the question of the Amtsgericht Stuttgart (Local Court, Stuttgart, Germany) as follows: In a […]

CJEU Judgment – C 218/16 – 12 October 2017, in the proceedings brought by Aleksandra Kubicka. Regulation (EU) No 650/2012 — Succession and the European Certificate of Succession — Scope — Immovable property located in a Member State in which legacies ‘per vindicationem’ do not exist — Refusal to recognise the material effects of such a legacy

The European Court of Justice, in the Case C‑218/16 – 12 October 2017, in the proceedings brought by Aleksandra Kubicka, intervening party: Przemysława Bac, issued a judgment on the scope of the Regulation (EU) No 650/2012 (Succession and the European Certificate of Succession), stating that: Article 1(2)(k) and (l) and Article 31 of Regulation (EU) No 650/2012 of the European […]

European Commission Report on the impact of national procedural laws and practices on the free circulation of judgments – 28 September 2017

On 28 September 2017, the European Commission has published the first strand of an evaluation study examining the national procedural laws and practices and their impact on the free circulation of judgments, and on the equivalence and effectiveness of the procedural protection of consumers under EU consumer law (JUST/2014/RCON/PR/CIVI/0082). This first part of the study […]

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. […]

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