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KA Finanz. The CJEU finds it does not need to entertain the corporate...
Thank you, Matthias Storme, for alerting me late last night that judgment was issued in Case C-483/13 KA Finanz AG. The CJEU is asked to clarify the ‘corporate exception’ to the Rome Convention and...
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Banco Santander Totta: the High Court upholds snowball interest rate swaps...
A longer title than readers are used to from this blog. However judgment itself is also an unusually long 163 pages. In Banco Santander Totta, the High Court was asked whether snowball interest rates...
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Commission effectively supplements Rome I using the posted workers Directive....
Thank you Fieke van Overbeeke for pointing this out to me. The EC have proposed to amend the posted workers Directive, to address unfair practices and promote the principle that the same work at the...
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My translation into English of the Belgian vulture fund Act.
I have reported earlier on the 2015 Belgian Act tackling the enforcement of vulture fund litigation. In preparation of a paper on the topic, I have had to translate the (relevant parts of: I have...
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The UKSC in MOD v Iraqi Civilians: Immunity of coalition forces is...
Ministry of Defence [MOD] v Iraqi civilians highlights a classic in private international law (statutes of limitation), with an interesting link to State immunity. Procedural issues are considered to...
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No need to feel stunned. The CJEU in Taser.
When my tweets on the CJEU are not followed quickly by a blog post, assume I got snowed under. Or that other developments require more immediate analysis. Taser, Case C-175/15, is easily dismissed...
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Choice of court in bond prospectus. The CJEU in Profit Investment Sim.
The CJEU has in my view taken the sensible approach in C-366/13 Profit Investment Sim, on (among others) whether choice of court included in a bond prospectus, binds not just the original transactional...
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SMD v Banco Santander: the CJEU will either boost or bust European private...
The title exaggerates. However the CJEU will have an opportunity in C-136/16 SMD v Banco Santander to hold how ‘international’ a case has to be to trigger application of the European private...
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Once again: Choice of court (this time in tender docs) under Brussels I....
In C-222/15 Hőszig, Advocate General Szpunar opined using the sensible route, on the application of Article 23 of Regulation 44/2001 . His excursus though on Article 25 of the Brussels I Recast and the...
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Institute of Cetacean Research v. Sea Shepherd Conservation Society: A great...
Institute of Cetacean Research v. Sea Shepherd Conservation Society has recently come to my attention thanks to Juliett Hatchett over at Baker: her analysis is spot on and I am happy to refer to it....
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Bogendorff von Wolffersdorff: The CJEU limits name shopping.
Does Article 21 TEU on EU citisenship, facilitate one’s acquiring names bearing the tokens of nobility, acquired in one Member State (here: the flexible ‘deed poll’ regime available to citisens of the...
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Refusal of recognition for failure to serve. ECtHR tests the Brussels regime...
In AVOTIŅŠ v Latvia, the Grand Chamber of the ECtHR at Strasbourg held late May that Article 6 ECHR (right to fair trial) was engaged but not infringed by the Latvian’s Supreme Court’s application of...
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On the temporal scope of Brussels I, and the notion of ‘counterclaim’ in...
In Case C-185/15 Kostanjevec, Kokott AG (not available in English at the time of writing) advised on a number of issues in relation to a counterclaim under Article 6(3) Brussels I (now 8(3) of the...
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Arlewin v Sweden. Strasbourg-Luxembourg combination football on defamation...
Others have reported in some detail, and I am happy to refer, on Arlewin v Sweden at the ECtHR – the second Strasbourg conflicts ruling I report on in more or less one week. Epra have a short and sweet...
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Universal Music: The CJEU distinguishes Kolassa but just won’t give up on Bier.
As I had feared /as was to be expected, the CJEU did not follow Szpunar AG’s lead in formally letting go of Case 21/76 Bier‘s Erfolgort /Handlungsort distinction, even if it did accept the AG’s...
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Von Munchausen ft. von Savigny. Szpunar AG in Nikiforidis.
Szpunar AG’s Opinion in C-135/15 Hellenic Republic v Grigorios Nikiforidis has travelled half the world with me in my briefcase. Time to tackle the blog queue… As I had reported earlier, the...
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Meroni: Mareva orders are compatible with EU law (ordre public).
For the facts of the case, and the reasoning of the AG in C-559/14 Meroni, I refer to my earlier posting. At the end of May (I am indeed still hoovering up the queue) the Court held very much alongside...
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Belgian parliamentary watchdog upholds unstunned slaughter, protects Shechita...
The Belgian Council of State, chamber of legislation (in the title I call it a ‘parliamentary watchdog: for that is what it is. By issuing prior opinions on the legality of legislative initiative it...
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The Brussels Court of Appeal is spot on on Facebook, privacy, Belgium and...
The Brussels Court of Appeal has sided with Facebook on 29 June. This post I am going to keep very, very simple: told you so. Geert.
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Schmidt v Schmidt: Family feud again leads to discussion of forum rei sitae &...
An unusually high proportion of cases under Article 22 (old) or 24 (Recast) Brussels I relate to family disputes on property. Webb v Webb, Weber v Weber, Komu v Komu, and now, C-417/15 Schmidt v...
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