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Final judgment in Nikiforidis: Danke aber nein Danke.
Many thanks to Jan von Hein for flagging the ultimate judgment (the link is to a press release) of the Bundesarbeitsgericht in Nikiforidis. I had of course reported earlier my serious misgivings about...
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Uneasy cohabitation. Kareda v Benkö: special jurisdictional rules (contract...
Ergo, Brogsitter, Granarolo...There is a long list of cases in which the CJEU is asked to decide whether a relationship between parties is contractual, with special jurisdiction determined by Article...
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Vulture funds (and Yukos) fail in Round 1 against Belgian enforcement regime...
I have reported earlier on the action of MNL Capital against the Belgian Vulture Fund Act of 12 July 2015 (Offical Gazette here, my EN translation here), on which I have a paper here. Thank you Quentin...
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Shenzhen CTS v Dajiang International Investment: ‘in limine’ can’t be early...
Another posting for the ‘comparative conflicts /dispute resolution’ binder. In order not to be found to have voluntary appeared (‘submitted to jurisdiction’), civil procedure rules worldwide require...
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Kokott AG in Polbud. It walks and talks like confirming precedent. But does it?
This post could have also carried the title ‘Pro real seat theory. Bud is it?’ [Polbud, Probud, you see…], but with all the Brexit shenanigans going on on Twitter I am somewhat running dry of pun...
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Garcia v Total Gabon: Stay of English proceedings with (potential) lis alibi...
Thank you very much indeed Sarah Venn and Emma Hynes both for flagging Garcia v BIH, Total Gabon and Sigma, [2017] EWHC 739 (Admlty), and (Emma) for providing me with copy (Bailii are not yet running...
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Rome I: corrigendum in the Dutch version re ‘habitual residence’ /gewone...
It does not happen all that often: this is a call for assistance. Following a student’s Q re ‘habitual residence’ in Rome I, I have now noticed something I had not before (I more often than not use the...
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The one that got away. The CJEU in Kostanjevec.
The CJEU held in C-185/15 Kostanjevec in October: I reported on the Opinion and the judgment then went under my radar. On the issue of temporal applicability, the Court sides with the AG entirely, and...
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Exxon Mobil: On the law applicable to privileged communications.
Comparative conflict of laws is often a useful source for exam (essay) questions. I used People of State of New York v. PriceWaterhouseCoopers, LLP, No. 3685N (N.Y. App. Div. May 23, 2017) to ask my...
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SCOTUS holding in Bristol-Myers Squibb BMS further restricts personal...
I have reported before (search tag ‘CSR’ or ‘ATS) on the personal jurisdiction cases in US litigation. The United State Supreme Court this morning held in Bristol-Meyers Squibb, BMS for short. For...
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Kareda v Stefan Benkö: CJEU rules with speed on recourse claim brought...
Less than two months after the AG Opined (see my report here), the Court of Justice has already held in C-249/16 Kareda v Stefan Benkö. The judgment follows Opinion to a tee albeit with a slightly...
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Chugai v UCB: When does one litigate not just the scope but also the validity...
End of exam season (sadly not yet of marking marathon). In the next few weeks I shall be posting on judgments issued a little or longer while ago, which I was pondering to use in exams. (I did for some...
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Leventis. CJEU confirms principle of privity of choice under Brussels I.
Yesterday in Case C-436/16 Leventis the Court of Justice summarily confirmed the principle of privity of choice of court under the Brussels I Recast. I have looked at this issue before e.g. when I...
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COMI for groups of companies. The Brussels commercial court in Parfip.
Thank you to both Patrick Wauthelet and Arie van Hoe for forwarding a copy of the judgment of the Brussels commercial court in Parfip. Please pop me an e-mail should you like a copy. The judgment is...
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Assens Havn. Privity of choice of court in insurance contracts.
The European Court of Justice held last week in C‑368/16, Assens Havn. It confirmed privity of choice of court in the event of subrogation of the victim in the rights of the insured. The victim is not...
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Cooper v. Tokyo Electric Power. Fukushima in the US courts.
Expect a series of blog postings in the next few weeks on developments which occurred a few weeks or even months back. I have been squirreling away a series of judgments and other developments, with a...
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‘Establishment’, jurisdiction and the EU Trademark Regulation: Hummel v Nike.
Jurisdiction in intellectual property cases is notoriously complex and frankly opaque, in the case of the EU exacerbated by the impact of secondary law. My colleague Marie-Christine Janssens has a...
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More on intellectual property jurisdiction. Community designs in BMW v Acacia.
C-433/16 BMW v Acacia follows a similar pattern as yesterday’s post on the Trademark Regulation. In Community designs, too, intellectual-property specific secondary law varies the overall...
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Vinyls Italia. A boon for conflict of laws (with a fraus component) and...
Another one from the exam queue. I reported earlier on Szpunar AG’s Opinion in C-54/16 Vinyls Italia – readers may want to refer tot that post before reading on. The case concerns the extent to which a...
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CJEU in Kabeg: a subrogated employer is to be considered the ‘injured party’...
A short post mostly for the sake of completeness. In its second recent judgment on insureds as ‘protected category’ under the Brussels I Regulation, the CJEU held last week in C-340/16 Kabeg. Where an...
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