EUCP

Cases, Materials and News on European Civil Procedure

Day: July 13, 2017

CJEU judgment in the Case C 60/15 P, 13 July 2017, Appeal under Article 56 of the Statute of the CJEU, Saint-Gobain Glass Deutschland GmbH – appellant – v. European Commission – defendant at first instance – Right of access to documents held by EU Institutions – Regulation (EC) No 1049/2001 – Exceptions to the right of access – Article 4(3), first subparagraph – Protection of the decision-making process of those institutions – Environment – Aarhus Convention – Regulation (EC) No 1367/2006 – Article 6(1) – Public interest in the disclosure of environmental information – Partial refusal of access

The European Court of Justice (Fifth Chamber), in the Case C‑60/15 P, 13 July 2017, on an Appeal brought under Article 56 of the Statute of the CJEU on 11 February 2015, by Saint-Gobain Glass Deutschland GmbH appellant, v. European Commission, defendant at first instance, has decided as follows: Sets aside the judgment of the General Court of the European […]

Opinion of Advocate General Bobek, 13 July 2017, in the Case C 194/16 Bolagsupplysningen OÜ Ingrid Ilsjan v. Svensk Handel AB – Article 7(2) of Regulation (EU) No 1215/2012 – Publication of information on the internet — Personality rights of legal persons — Centre of interests — Injunction to have information deleted and corrected in a different Member State — Claim for damages

The Advocate General Bobek, in the Case C‑194/16 Bolagsupplysningen OÜ Ingrid Ilsjan v. Svensk Handel AB (Request for a preliminary ruling from the Riigikohus – Supreme Court, Estonia), rendered on 13 July 2017 the following Opinion: Article 7(2) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition […]

Opinion of Advocate General Saugmandsgaard Øe, 13 July 2017, in the Case C 341/16, Hanssen Beleggingen BV v. Tanja Prast-Knipping – Article 22(4) Regulation (EC) No 44/2001 – Exclusive jurisdiction in proceedings concerned with the registration or validity of trade marks

The Advocate General Saugmandsgaard in the Case Case C 341/16, Hanssen Beleggingen BV v. Tanja Prast-Knipping (Request for a preliminary ruling from the Oberlandesgericht Düsseldorf – Higher Regional Court of Düsseldorf, Germany), rendered on 13 July 2017 the following Opinion: An action such as that brought in the main proceedings, seeking an order requiring the person formally registered […]

CJEU judgment, Case C-368/16 – 13 July 2017, in Assens Havn v. Navigators Management (UK) Limited – Jurisdiction in insurance matters – interpretation of point 5 of Article 13 and point 2(a) of Article 14 of Council Regulation (EC) No 44/2001 – Injured person’s right to bring legal proceedings directly against the insurer of the person responsible for an accident — Agreement on jurisdiction concluded between the insurer and the party which caused the damage not binding

The European Court of Justice (Eighth Chamber), in the Case C‑368/16, Assens Havn v. Navigators Management (UK) Limited (Request for a preliminary ruling under Article 267 TFEU from the Højesteret (Supreme Court, Denmark), made by decision of 20 June 2016, received at the Court on 6 July 2016), ruled that: Point 5 of Article 13 of Council Regulation (EC) No 44/2001 […]

CJEU judgment, Case C 433/16 – 13 July 2017, in Bayerische Motoren Werke AG v. Acacia Srl – Articles 5 (3) and 24 of Regulation (EC) No 44/2001 – Challenge to the jurisdiction of the court seised – Article 82 of Council Regulation (EC) No 6/2002 of on Community designs – jurisdiction for actions for declaration of non-infringement and for related actions for a declaration of abuse of a dominant position and of unfair competition

The European Court of Justice, in the case C‑433/16 (Request for a preliminary ruling under Article 267 TFEU from the Corte suprema di cassazione (Court of Cassation, Italy), made by decision of 5 April 2016, received at the Court on 3 August 2016), ruled that: Article 24 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the […]

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