Cases, Materials and News on European Civil Procedure

Posts: 14


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  1. Opinion of Advocate General SZPUNAR, 12 April 2018, Neli Valcheva v. Georgios Babanarakis — ‘Brussels II bis Regulation’ — Scope — Right of access — Grandmother requests to access to her grandson — Child’s interest — Jurisdiction of the court
  2. 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
  3. 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
  4. 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
  5. 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
  6. The CJEU and its interlocutors (original title: “La Corte di Giustizia dell’Unione Europea e i suoi interlocutori”) – 26 January 2018 – Conference hosted by the Università degli Studi di Milano, Sala Napoleonica
  7. European Court of Human Rights (Fourth Section) – Judgment 16 January 2018 – Ciocodeică v. Romania – Non-violation of Articles 6 and 13 – Ineffective enforcement of final judgement caused by the creditor’s lack of diligence
  8. European Court of Human Rights (Fifth Section) – Judgment 21 December 2017 – Feldman and Slovyanskyy Bank v. Ukraine – decisions taken by administrative authorities which determine civil rights and obligations must be subject to subsequent control by a judicial body that has full jurisdiction and that provides the guarantees of Article 6
  9. European Court of Human Rights (Third Section) – Judgment 19 December 2017 – Sashchenko v. Russia – lack of specific amounts in the text of the judgment shall not be considered per se as an obstacle to enforcement – unreasonably long delay in the enforcement of a binding judgment may breach Article 6 – most appropriate form of redress in respect of the violations found would be to put the applicants as far as possible in the position they would have been if the Convention requirements had not been disregarded – Article 41
  10. European Court of Human Rights (Fourth Section) – Judgement 19 December 2017 – Mandić and Popović v. Bosnia and Herzegovina – Enforcement of final domestic judgement after five years considered as belated under Article 6
  11. European Court of Human Right (Third Section) – Judgment 19 December 2017 – Milanovic v. Serbia – Overall duration of the proceedings of twenty-five years considered excessive and such as to fail to meet the “reasonable time” requirement – violation of Article 6
  12. Procedural Review in European Fundamental Rights Cases (eds. J. Gerards, E. Brems) – Cambridge University Press – 2017
  13. CJEU Judgment – C 641/16 – 9 November 2017 – Insolvency proceedings – Regulation (EC) No 1346/2000 – Court having jurisdiction – Action for unfair competition brought in the context of insolvency proceedings
  14. Opinion of advocate general Bobek – 14 November 2017 – Case C‑498/16: Maximilian Schrems v Facebook Ireland Limited – Jurisdiction in matters relating to consumer contracts – Concept of consumer – Assignment of claims by consumers domiciled in the same Member State, in other Member States and in non-member States
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