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 […]
Month: July 2017
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 […]
Italian Supreme Court (First Section), Judgment 15 June 2017, n. 14878 – no violation of (international) public policy of an amendment (rettifica) of a birth certificate of a son only of a woman, then married to another woman
The Italian Supreme Court (First Section) has ruled out any violation of the (international) public policy of an amendment (rettifica), in Italy, in conformity with the corresponding English deed already validly amended, of the birth certificate of an under-age child, originally registered as son only of an Italian woman and then, also of another woman, […]
European Court of Human Rights (Fourth Section) – Albertina Carvalho e Filhos Lda v. Portugal – 4 July 2017 – denial of the applicant’s alleged abuse of its right of individual petition – excessive length of the proceedings – violation of Article 13 of the Convention on account of the lack of a remedy under domestic law
The European Court of Human Rights (Fourth Section), in the case Albertina Carvalho e Filhos Lda v. Portugal – 4 July 2017 – found that the lenght of the overall enforcement proceedings (instituted on 18 July 2005 and ended in September 2014) was excessive and did not meet the ‘reasonableness’ requirement referred to in Art. 6 […]
European Court of Human Rights (Third Section) – Chepinoga and Others v. Russia – 6 July 2017 – breach of Article 6 § 1 of the Convention concerning the applicants’ absence from civil proceedings
The European Court of Human Rights (Third Section), in the case Chepinoga and Others v. Russia – 6 July 2017, found that the applicants, detainees at the time of the events, were not afforded an opportunity to attend hearings in civil proceedings to which they were parties. The Court, by referring ot its previous case law (Steel […]
European Court of Human Rights (Fifth Section) – Dyachenko and Others v. Ukraine – 6 July 2017 – excessive length of the proceedings and lack of an effective remedy
The European Court of Human Rights (Third Section), in the case Dyachenko and Others v. Ukraine – 6 July 2017, after considering that the complaints raised by the applicants in application no. 26417/08 concerning the proceedings between 27 March 1997 and 10 September 1997 were incompatible ratione temporis and thus must be rejected in accordance with Article 35 […]
European Court of Human Rights (Third Section) – Shmatko and Others v. Russia – 6 July 2017 – Non-enforcement or delayed enforcement of domestic decisions constitute violation of Article 6
The European Court of Human Rights (Third Section), in the case Shmatko and Others v. Russia – 6 July 2017, found that, since execution of a judgment given by any court must be regarded as an integral part of a “hearing” for the purposes of Article 6, non-enforcement or delayed enforcement of domestic decisions constitute violation of […]
Judicial Cooperation Agreement between the Italian Supreme Court and the Supreme Court of the Russian Federation – 21 June 2017
Press release – 21 June 2017
CJEU judgment, 28 June 2017, in G. Leventis, N. Vafeias v. Malcon Navigation Co. ltd., Brave Bulk Transport ltd. – Article 23 – Jurisdiction clause in a contract between two companies — Action for damages
CJEU judgment, 28 June 2017, in G. Leventis, N. Vafeias v. Malcon Navigation Co. ltd., Brave Bulk Transport ltd. – Article 23 Regulation (EC) No 44/2001 – Jurisdiction clause in a contract between two companies – Action for damages – Joint and several liability of representatives of one of those companies for tortious acts – […]
European Commission launches publication consultation to update EU consumer law
The European Commission launched a public consultation to gather opinions from consumers, businesses and associations on how to improve EU consumer law. The Commission published its analysis of consumer and marketing rules. It concluded that while European consumers already benefit from strong consumer rights, there is room for improvement for instance when it comes […]
