EUCP

Cases, Materials and News on European Civil Procedure

Month: February 2018

European Court of Human Rights (Second Section) – Judgment 20 February 2018 – Vujović and Lipa D.O.O. v. Montenegro – right to effective access to the courts of appeal when set up by the Contracting States – limitations on the right to be heard may be laid down only when proportionality test is respected

On 20 February 2018 the ECtHR issued a decision in the case Vujović and Lipa D.O.O. v. Montenegro (application no. 18912/15), concluding that there had been a violation of Article 6 § 1 (right to effective access to the courts of appeal in civil cases when set up by the contracting State) of the European […]

Series of Seminars – Transnational Litigation in Civil and Commercial Matters – Jean Monnet Module on European Civil Procedure – University of Milan – February – May 2018

Within the the third year of the Jean Monnet Module on European Civil Procedure in a Comparative and Transnational Perspective, a series of seminars in the field of transnational commercial litigation will be organized by Università degli Studi, Milan. The seminars are addressed to undergraduate, graduate, LL.M. and Ph.D students, as well as to judges […]

Inauguration, by the French Minister of Justice, of the International Commercial Chamber within the Paris Court of Appeals, to handle disputes arising from international commercial contracts – 7 February 2018

 From ‘Conflict of Laws.Net’: The domino effect of international commercial courts in Europe – Who’s next? by XANDRA KRAMER on FEBRUARY 20, 2018 By Georgia Antonopoulou and Erlis Themeli, Erasmus University Rotterdam (PhD candidate and postdoc researchers ERC project Building EU Civil Justice) On February 7, 2018 the French Minister of Justice inaugurated the International Commercial Chamber within the Paris Court of […]

Call for abstracts – Max Planck Institute Luxembourg – Participation in the Colloquium on the “Current Challenges for EU Cross-Border Litigation in a Changing Procedural Environment” – Deadline 15 April 2018

The Max Planck Institute Luxembourg has launched a call for abstracts, inviting young researchers to actively participate in a colloquium on the “Current Challenges for EU Cross-Border Litigation in a Changing Procedural Environment”. The colloquium will precede a larger conference hosted together with the CJEU on the occasion of the 50th anniversary of the Brussels Convention on jurisdiction and […]

CJEU Judgment – C‑106/17 – Paweł Hofsoe v LVM Landwirtschaftlicher Versicherungsverein Münster AG – 31 January 2018 – Brussels I bis Regulation – interpretation of Article 11(1)(b) and of Article 13(2) of Regulation (EU) No 1215/2012 – concept of ‘injured party’ – high predictability of rules of jurisdiction

On 31 January 2018, the Court of Justice of the European Union issued a judgment in the case C‑106/17 between Paweł Hofsoe and LVM Landwirtschaftlicher Versicherungsverein Münster AG, stating that a natural person, whose professional activity consists, inter alia, in recovering claims for damages from insurers and who relies on a contract for the assignment […]

Save the date: International Workshop on organizing a “Database on Cross-Border Enforcement of Claims” – 26 February 2018

On Monday 26 February, the Max Planck Institute Luxembourg will host a workshop about the organisation of databases on European civil procedural law, and more especially about the creation of a database on cross-border enforcement claims. The workshop will bring together experts from the European Commission and the Court of Justice of the European Union, […]

EU Procedural Law Study: Consumer Protection General Report published by the European Commission on 26 January 2018

On 26 January 2018, the European Commission published the second General Report of the study on procedural law undertaken by the Max Planck Institute Luxembourg. This strand of the study concerned the effect of divergences in national procedural laws on the equivalence and effectiveness of the procedural protection of consumers under EU consumer law. The evaluation study, commissioned […]

European Court of Human Rights (Second Section) – Judgment 30 January 2018 – Brajović and Others v. Montenegro – Violation of Art. 6 (1) of the Convention – right to have any claim relating to civil rights and obligations brought before a court or tribunal – costs related to criminal proceedings

On 30 January 2018 the ECtHR issued a decision in the case Brajović and Others v. Montenegro (application no. 52529/12), concluding that there had been a violation of Article 6 § 1 (right to have any claim relating to civil rights and obligations brought before a court or tribunal) of the European Convention on Human […]

CJEU Judgment – C-498/16 – Maximilian Schrems v Facebook Ireland Limited – 25 January 2018 – Regulation (EC) No 44/2001 — Articles 15 and 16 — Jurisdiction in respect of consumer contracts — Definition of ‘consumer’ — Assignment between consumers of claims against the same trader or professional)

On 25 January 2018, the Court of Justice of the European Union issued a judgment in the case C-498/16 between Maximilian Schrems and Facebook Ireland Limited, stating on the definition of “consumer” under Articles 15 and 16 of Brussels I. The referring court asks, in essence, (A) whether Article 15 of Regulation No 44/2001 must be interpreted […]

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