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 […]
Month: February 2019
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. […]
