Fly lal: Locus delicti commissi for anticompetitive agreements still has not...
Time to tackle the judgments left over from the exam queue. I reviewed Bobek AG’s Opinion in C-27/17 flyLAL here. The CJEU held early July. Pro memoria: the AG’s suggested for locus damni not place of...
View ArticleValag: Clarifying vis attractiva concursus.
This one long overdue – I am adding it to the blog for completeness’ sake. C‑649/16 Valach was held end of December 2017. The CJEU relies heavily on Tunkers and recital 6 of the (old) Insolvency...
View ArticleOn soggy grounds. The GDPR and jurisdiction for infringement of privacy.
Many thanks to Julien Juret for asking me contribute to l’Observateur de Bruxelles, the review of the French Bar representation in Brussels (la Délégation des barreaux de France). I wrote this piece on...
View ArticleBanca Turco: Popplewell J explains that worlwide freezing orders,...
In [2018] EWHC 662 (Comm) Banca Turco Romana, Popplewell J explained his reasons for discontinuing ex parte freezing orders, with reference among others to C-391/95 Van Uden. At 22-23 he discusses the...
View ArticleAkhter v Khan. Nikah in the High Court.
As Williams J notes at 5, [2018] EWFC 54 Akhter v Khan is not about ‘whether an Islamic marriage ceremony (a Nikah) should be treated as creating a valid marriage in English law. In fact, the main...
View ArticleA quick update on the Hague Judgments project.
A post more meant to refer the readers to resources rather than to add much analysis myself. I have of course earlier posted on the ‘Hague Judgments Convention’. Things have not stood still since. A...
View ArticleDocherty: Asbestos litigation and the application ratione temporis of Rome II.
Thank you Brodies for flagging [2018] CSOH 25 George Docherty et al a while ago – I was not sure whether I might use the case for exam purposes. C-350/14 Lazar was among the precedents cited by Lord...
View ArticleYukos v Merinson: A Brussels I jurisdictional bonanza. Particularly the issue...
I have been posting a series of comments in recent weeks, with more on the way, on cases that caught my attention pre-exam period. They were all candidates for exam questions except much as I would...
View ArticleAnchor defendants in follow-up competition law cases. The High Court in...
Thank you Brick Court and Stewarts, among other, for flagging Vattenfall et al v Prysmian et al in which the High Court dismissed a call for summary judgment on the grounds of lack of jurisdiction. A...
View ArticleBelgian constitutional court’s ruling on vulture funds fails properly to...
I have reported earlier on the action of MNL Capital against the 2015 Belgian Vulture Fund Act (my EN translation here), on which I have a paper here. I then reported on a related action (where MNL...
View ArticleThe Irish High Court in Albaniabeg v Enel: enforcement of ex-EU judgments.
Reminiscent of the decision in Yukos v Tomskneft, which concerned recognition of an arbitral award in Ireland even though there were no relevant assets to exercise enforcement against, the Irish Court...
View ArticleArbitration and the European account preservation order. A primer from the...
Thank you Pawel Sikora for flagging some time back, and subsequently analysing in detail (p.221 onwards) the decisions of the Polish Courts particularly at Reszow, on whether arbitrated claims can be...
View ArticleFour seasons v Brownlie: establishing jurisdiction on the basis of indirect...
Sometimes I post a little late. Rarely outrageously overdue. Yet Four Seasons Holdings Inc v Brownlie [2017] UKSC 80 needs to be reported on the blog for it is rather important, firstly, with respect...
View ArticleZDF: A German refusal of Polish judgment based on ordre public. (And prof...
Many of you will have already seen (e.g. via Giesela Ruehl) the German Supreme Court (Bundesgerichtshof – BGH)’s refusal to recognise and enforce a Polish judgment under the Brussels I Regulation...
View ArticlePuigdemont v Spain before the Belgian (civil) courts. Some thoughts.
In this post I, unusually, offer questions rather than tentative answers. I hope you’ll enjoy the pondering and of course I have ideas of my own on all of these issues. Thank you Michiel Poesen for...
View ArticleVik v Deutsche Bank. Court of Appeal confirms High Court’s view on Article...
I have reported earlier on Deutsche Bank AG v Sebastian Holdings Inc & Alexander Vik [2017] EWHC 459 and Dennis v TAG Group [2017] EWHC 919 (Ch). The Court of Appeal has now confirmed in [2018]...
View ArticleBot AG in Liberato: violation of lis alibi pendens rules does not justify...
Advocate-General Bot opined on 6 September in C-386/17 Liberato. (Not as yet available in English). The case is slightly complicated by the application of not just former Regulation 44/2001 (Brussels...
View ArticleIM Skaugen v MAN. Relevance and location of indirect damage in case of...
I shall be posting perhaps tomorrow on yesterday’s CJEU judgment in Löber v Barclays (prospectus liability – see my review of Bobek AG’s Opinion here), but as a warming-up for comparative purposes, a...
View ArticleJurisdiction re prospectus liability. CJEU reiterates Universal Music in...
I reviewed Advocate-General Bobek’s Opinion in C-304/17 Löber v Barclays here. The following issues in particular were of note (I simply list them here; see the post for full detail): First, the AG’s...
View ArticlePrize time! 9th Grand Prix Jean Bastin 2019
It is with great pleasure that I spread the word, at the request of my esteemed colleague prof em Herman Cousy, on the Grand Prix Jean Bastin – to the tune of €20,000.00 and therefore a rather...
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