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Wahl AG in Unamar: national gold-plating of Union law does qualify as lois de...
I flagged earlier that regardless of the outcome for the Unamar case itself, an important consideration would be what the Court’s eventual answer will teach us about the Rome I Regulation on the...
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The Foreign Trade Antitrust Improvements Act (“FTAIA”): How does one decide...
Whether the US’ Foreign Trade Antitrust Improvements Act (“FTAIA”) is jurisdictional or rather establishes a substantial condition on the merits under the US Sherman Act (its main anti-trust law) has...
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‘The Bundesgerichtshof was wrong to deny choice of court in favour of...
Such would be the title for a perfect exam question for an advanced conflict class. It would also kill the bird of making the point of German law and scholarship being particularly relevant to conflict...
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Piercing the corporate veil in competition cases – The ECJ in Eni
There is no general EU rule on the piercing of the corporate veil. Neither company law nor tort law is sufficiently (or in the case of tort law even embryonically) harmonised to be able to speak of...
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No national (tort) law, please. The ECJ in Melzer v MS Global.
In Case C-228/11 Melzer v MS Global, the court at Dusseldorf requested the Court of Justice to clarify Article 5(3) Brussels I, the special jurisdictional rule for tort: on the basis of the application...
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The corporate veil in wedlock – Supreme Court decides Petrodel v Prest on the...
I noted in my post on Eni that the waters remain deep in national law re piercing the corporate veil. Point made by the Supreme Court on 12 June 2013, in Petrodel v Prest (a matrimonial assets case...
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Regulation adopted on mutual recognition of protection measures in civil...
Agreed, not a formidably appealing title for either a Regulation or a blog post. However the subject-matter really is important, as is its significance for EU private international law. On 31 May,...
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Unilateral jurisdiction clauses valid under English law – The High Court in...
The High Court (England and Wales) has upheld a so-called ‘unilateral’ or ‘one-sided’ jurisdiction clause (choice of court agreement) on 17 May last. The finding is in contrast with the French Cour de...
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Getting the hint, punk? European data protection authorities step up fight...
I reported earlier on the referral to the ECJ of questions surrounding jurisdiction under the data protection Directive: the AG’s Opinion in that case, C-131/17 is due tomorrow (25 June). Last week,...
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‘Where law and new technology meet’– JÄÄSKINEN AG turns to business model in...
As announced on the blog earlier, JÄÄSKINEN AG has opined this morning in Case C-131/12 Google Spain. The Opinion covers a lot of issues in relatively condensed space – one of these Opinions where you...
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Supreme Court confirms broad use of anti-suit injunctions to support arbitration
The UK Supreme Court confirmed on 13 June the broad use of anti-suit injunctions in Ust-Kamenogorsk. I have reported earlier (e.g. here) on the tension between the common law and the ECJ over the use...
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A European Kiobel? The Court of Appeal at Versailles in AFPS and PLO v Alstom
Elise Maes reported earlier in June on the judgment of the Court of Appeal at Versailles in AFPS and PLO v Alstom. Ms Maes flags a number of interesting issues which I shall not repeat here for readers...
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Pinckney: Jääskinen AG suggests ‘focus and target’ as criterion for jurisdiction
I reported just short of a year ago on the reference in Pinckney, Case C-170/12. The Advocate General opined on 13 June. Jääskinen AG first of all suggests the questions are inadmissible – let’s hope...
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‘Establishment’ within the meaning of the Insolvency Regulation: the Court of...
Under the EU’s Insolvency Regulation, core of the procedure takes place in the Member State with ‘COMI’: the centre of main interests of the company concerned. ‘Secondary’ and ‘territorial’ proceedings...
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European order for payment Regulation and Jurisidiction Regulation are...
In Case C-144/12 Goldbet Sportwetten GmbH v Massimo Sperindeo, the Court of Justice on the 13 june last emphasised the stand-alone nature of Regulation 1896/2006, the European order for payment. The...
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Reflective application of exclusive jurisdictional rules: The High Court in...
In Ferrexpo, the High Court applied a so-called ‘reflexive’ or ‘mirror’ application of the exclusive jurisdictional rules of Article 22 of the Brussels I Regulation. The case was held in April 2012 –...
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Of Vikings, airlines and trade unions – The High Court in British Airways...
In British Airways v Sindicato Espanol de Pilotos de Lineas Aereas – SEPLA, crucial consideration was whether the court had jurisdiction under the Brussels I Regulation to determine the claim brought...
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‘More closely connected’ in employment contracts – The ECJ in Schlecker...
I reported earlier on Wahl AG’s Opinion in Schlecker. The ECJ held last week. Reminder: formally the judgment relates to the application of the similar provision in the predecessor of the Rome I...
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van Buggenhout /van de Mierop: ECJ disagrees with its AG re protection of...
I reported earlier on the AG’s Opinion in van Buggenhout /van de Mierop. The ECJ yesterday disagreed: the AG had opined on the basis of teleological and linguistic analysis. The Court does so, too,...
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Lithuanian Supreme Court refuses recognition based on Ordre Public – Right of...
The Lithuanian Supreme Court held on 30 April 2013 that a Russian Federation judgment granting child custody, could not be recognised in Lithuania for reasons of Ordre Public. The 7-year-old child...
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