Six weeks after its establishment, the Netherlands Commercial Court (NCC) held its first hearing on 18 February in the case Elavon Financial Services DAC v. IPS Holding B.V. and others within summary proceedings. The application was filed on 11 February and the NCC set the hearing dates only one week later. The NCC is a specialized chamber of […]
Day: February 25, 2019
ELI-UNIDROIT European Rules of Civil Procedure – Instrument expected in 2019
UNIDROIT and the European Law Institute (ELI) are working together towards the development of European Rules of Civil Procedure. Leading academics, practicing lawyers, judges, and members of European institutions are represented in the various committees. The instrument is expected to be finalised and adopted by the UNIDROIT Governing Council at its 98th session in 2019. […]
European Parliament and the Council reached a provisional agreement on the Commission’s proposal to establish a European Labour Authority (ELA) – 14 February 2019
On 14 February 2019, the European Parliament and the Council reached a provisional agreement on the Commission’s proposal to establish a European Labour Authority (ELA). Building a more social Europe and strengthening fairness in the Internal Market is a key priority for this Commission, as indicated in the Political Guidelines of July 2014. Several initiatives have […]
Draft civil procedure rule changes in the event of a no deal Brexit – Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 – 13 February 2019
The UK government has published a draft statutory instrument, the Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, which makes amendments to the CPR that are consequential on the various other civil justice measures that are to be implemented in the event of a no deal Brexit. These include, most importantly, the disapplication of the […]
WIPO-HCCH Guide on “When Private International Law meets Intellectual Property Law – A Guide for Judges” – version 2 –
At its 2016, 2017 and 2018 Meetings, the Council on General Affairs and Policy of the Conference (CGAP) directed the Permanent Bureau (PB) of the Hague Conference on Private International Law (HCCH) to assist the World Intellectual Property Organization (WIPO) in developing a Guide for Judges addressing the intersection between private international law and intellectual property law (draft Guide). […]
AG Wahl’s Opinion on the relationship between European law and domestic law in the private enforcement of competition law – Case C-724/17 – 6 February 2019
In a recently published opinion in a Finnish cartel damage case, Advocate General (AG) Wahl discussed the important issue of the relationship between European competition law and private liability law. According to AG Wahl, liability for a breach of European competition law follows directly from European competition law (Artt. 101 and 102 TFEU) for both public […]
CJEU’s decision on Article 16 of the European Small Claims Procedure – 14 February 2019
CJEU’s decision – case C-554/17 – Rebecka Jonsson v. Société du Journal L’Est Républicain – 14 February 2019 – Renvoi préjudiciel – Coopération judiciaire en matière civile – Procédure européenne de règlement de petits litiges – Règlement (CE) nº 861/2007 – Article 16 – “Partie qui succombe” – Frais de procédure – Répartition – Article 19 – Droits procéduraux des États membres. In the decision in the case C-554/17 […]
CJEU Judgment (1st Chamber) – Case C-386/17 – Stefano Liberato v. Luminita Luisa Grigorescu, – 16 January 2019 – Breach of the lis pendens rules in Brussels I and Brussels II bis and recognition of the decision of the court second seised
CJEU Judgment (1st Chamber) – Case C-386/17 – Stefano Liberato v. Luminita Luisa Grigorescu, – 16 January 2019 – Regulation (EC) No 44/2001 — Article 5(2) — Article 27 — Article 35(3) — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility — Regulation (EC) No 2201/2003 — Article 19 — Lis pendens — Article 22(a) — Article 23(a) — Non-recognition where the decisions are manifestly contrary to […]
HCCH Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters – Revised Draft Explanatory Report (December 2018)
A revised Draft Explanatory Report (version of December 2018) on the HCCH Draft Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters is available on the Hague Conference website. In particular, the following documents are available: Draft Convention on the recognition and enforcement of foreign judgments in civil or commercial matters Preliminary Documents: Prel. […]
