ECtHR – President Guido Raimondi’s review and presentation
Month: March 2018
Proposal for a Regulation of the European Parliament and of the Council on the law applicable to the third-party effects of assignments of claims – Brussels, 12.3.2018
On 12 March 2018, the European Commission has published the Proposal for a Regulation of the European Parliament and of the Council on the law applicable to the third-party effects of assignments of claims [COM/2018/096 final – 2018/044 (COD)]. The Commission’s objective and goal is to further strengthen Europe’s economy and stimulate investment to create jobs […]
CJEU Judgment (1st Chamber) – Case C-560/16 – E.ON Czech Holding AG v. Michael Dědouch, Petr Streitberg, Pavel Suda – 7 March 2018 – Regulation (EC) No 44/2001 – Article 22(2) — Exclusive jurisdiction of the courts of the Member State in whose territory the organs of companies or legal persons have their seat – Validity of decisions of the organs of companies or legal persons
On 7March 2018, the Court of Justice of the European Union issued a judgment in the case C-560/16, between E.ON Czech Holding AG v. Michael Dědouch, Petr Streitberg, Pavel Suda, on a request for a preliminary ruling under Article 267 TFEU from the Nejvyšší soud (Supreme Court, Czech Republic) concerning the interpretation of Article 5(1)(a) and […]
CJEU Judgment (3rd Chamber) – Joined Cases C‑274/16, C‑447/16 and C‑448/16 – Flightright GmbH – 7 March 2018 – Regulation (EU) No 1215/2012 – Article 7 (1) — Connecting flight operated by different air carriers — Concept of ‘place of performance’ — Right of air passengers to compensation for denied boarding and for the long delay of a flight
On March 7th, 2018 the CJEU delivered its judgement on joined cases C‑274/16, C‑447/16 and C‑448/16, between flightright GmbH and others v Air Nostrum,Líneas Aéreas del Mediterráneo SA v Hainan Airlines Co.Ltd, where it has been stated, inter alia, that, the second indent of Article 5(1)(b) of Regulation No 44/2001 and the second indent of Article 7(1)(b) of Regulation (EU) […]
Opinion of Advocate General Tanchev in the Case C 34/17 – 8 March 2018 – Eamonn Donnellan v. The Revenue Commission Council Directive 2010/24/EU – Mutual assistance for the recovery of claims relating to taxes, duties and other measures – Notification to a person of a claim after, rather than before, the issuance of a request for its recovery by the uniform instrument permitting enforcement under Article 12 of Directive 2010/24 – Permissibility of challenge under Article 14 of Directive 2010/24 in the courts of the requested Member State to enforcement of the claim — Article 47 of the Charter of Fundamental Rights of the European Union — Right to effective judicial protection
The Advocate General Tanchev, in the Case C‑34/17 (Eamonn Donnellan v. The Revenue Commissioners), delivered on 8 March 2018 the following Opinion on Artt. 12 and 14 of the Council Directive 2010/24/EU and on Article 47 of the Charter of Fundamental Rights of the European Union. The main proceedings require the Court to rule on the […]
CJEU Judgment (7th Chamber) – C 64/17 – Saey Home & Garden NV/SA v. Lusavouga-Máquinas e Acessórios Industriais SA – 8 March 2018 – Regulation (EU) No 1215/2012 – Article 25 – a jurisdiction clause set out in the general conditions of sale mentioned in invoices issued by one of the contracting parties does not satisfy the requirements of that provision – Article 7(1) – court with jurisdiction to hear a claim for compensation relating to the termination of a commercial concession agreement concluded between two companies established and operating in two different Member for the distribution of goods on the domestic market of a third Member State in which neither of those companies has a branch or establishment
On 8 March 2018, the Court of Justice of the European Union issued a judgment in the case C‑64/17, between Saey Home & Garden NV/SA v. Lusavouga-Máquinas e Acessórios Industriais SA, on a request for a preliminary ruling under Article 267 TFEU from the Tribunal da Relação do Porto (Court of Appeal, Porto, Portugal) concerning the […]
Max Planck Institute Luxembourg on SSRN
The MPI Luxembourg is proud to announce the launch of its Research Paper Series on SSRN’s eLibrary. The series gathers preprints as well as intermediary research reports in the field of procedural law. All manuscripts may be downloaded by individuals, for their own use, subject to the ordinary copyright rules. The ‘MPI Luxembourg for Procedural […]
Netherlands Commercial Court (NCC) expected to open its doors on 1 July 2018
From ‘Conflict of Laws.Net’: This one is next: the Netherlands Commercial Court! by XANDRA KRAMER on MARCH 8, 2018 By Georgia Antonopoulou, Erlis Themeli, and Xandra Kramer, Erasmus University Rotterdam (PhD candidate, postdoc researcher and PI ERC project Building EU Civil Justice) Following up on our previous post, asking which international commercial court would be established next, the adoption of the proposal for […]
