Jabir and others v. KiK Textilien und Non-Food GmbH. German court kicks...
Jonas Poell, Julianne Hughes-Jennett, Peter Hood and Lucja Nowak reported and succinctly reviewed Case No. 7 O 95/15 Jabir and Others v Kik early January – the ‘next week’ promise in my Tweet below...
View ArticleMartins v Dekra Claims. Limitation periods as ‘overriding mandatory rules’...
Case C‑149/18 Martins v Dekra Claims gave the Court of Justice an opportunity (it held end of January) essentially to confirm its Unamar case-law, specifically with respect to limitation periods. The...
View ArticlePetrobas securities class action firmly anchored in The Netherlands....
Many thanks to Jeffrey Kleywegt and Robert Van Vugt for re-reporting Stichting Petrobas Compensation Foundation v PetrÓleo Brasilieiro SA – PETROBRAS et al. The case, held in September (judgment in NL...
View ArticleHappy Flights v Ryanair. Belgian Supreme Court (only) confirms proper lex...
Thank you alumna and appreciated co-author Jutta Gangsted for flagging Charles Price’s (former learned colleague of mine at Dibb Lupton Alsop) and Sébastien Popijn’s alert on the Belgian Supreme...
View ArticleMilivojević v Raiffeisenbank: Free movement of services yet also protected...
The CJEU held in C-630/17 Milivojević v Raiffeisenbank on 14 February. The case in the main concerns Croatian legislation restricting financial services with Banks other than Croatian ones – a free...
View ArticleDisciplining abuse of anchor defendants in follow-up competition law cases...
After the French Cour de Cassation in MJI v Apple Sales, the Brussels Court of Appeal in FIFA/UEFA, and the Court at Amsterdam in Kemira, (as well as other courts undoubtedly, too; and I have...
View ArticleBUAK. The concept of ‘court’ (Article 267 TFEU), ‘civil and commercial’, and...
I reported on Bot AG’s Opinion in Case C-579/17 BUAK (Bauarbeiter-Urlaubs- u. Abfertigungskasse v Gradbeništvo Korana d.o.o.) here. He focussed on admissibility viz the preliminary review procedure....
View ArticleNotaries, national certificates of succession and the concept of ‘court’. Bot...
Case C-658/17 WB is one of the first in which the annoying new rule on anonymisation at the CJEU kicks in. At issue is the characterisation of notaries as ‘court’ under the EU succession Regulation...
View ArticleSnöfrost AB v. Håkansson. Applying forum non conveniens in the US.
Many thanks to Donna Williams for reporting and commenting on 1:18-cv-10798 Snöfrost AB v. Håkansson in the District Court of Massachusetts. Not all my blog posts relate to maverick cases, especially...
View ArticleV v M. Forum non conveniens in family matters ex-Brussels IIa and Hague...
In [2019] EWHC 466 (Fam) V v M, Williams J refused both an application for a stay on the basis of forum non conveniens of English proceedings in favour of proceedings in India, and an anti-suit...
View ArticleOHADA law and arbitration at the Paris Court of appeal. A tale of overriding...
Thank you Thomas Kendra and Thibaud Roujou de Boubée for signalling 16/25484 Cameroon v Projet Pilote Garoubé at the Paris Court of Appeal end of December 2018. The essence of the case is the Court...
View ArticleSM: Kafala and migration before the European Court of Justice.
Case C-129/18 SM v Entry Clearance Officer, UK Visa Section was held last Tuesday in Grand Chamber. It concerns the application of the EU’s main migration Directive, 2004/38 and essentially addresses...
View ArticleCogeco: Limitation periods and civil procedure ius commune at the Court of...
The title of this piece is optimistic. Broadly defined many of the conflicts issues I address touch upon civil procedure of course. Yet I rarely address civil procedure pur sang (see here for an...
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Brexit Bridge: How the two of spades is going to trump the Ace of Diamonds
Absolutely brilliant analysis of the Brexit shambles by KJ Garnett over on EU Perspectives. A poor, poor game of contract bridge. EU Perspectives Putin, the old cliché goes, views the international...
View ArticleHappy Flights v Ryanair. Belgian Supreme Court (only) confirms proper lex...
Thank you alumna and appreciated co-author Jutta Gangsted for flagging Charles Price’s (former learned colleague of mine at Dibb Lupton Alsop) and Sébastien Popijn’s alert on the Belgian Supreme...
View ArticleA few thoughts on the study for the European Parliament re litigating CSR in...
As I turn to preparations for a talk on CSR litigation and conflict of laws, Thursday next (11 April) in Cork, (which incidentally will be a day after the UKSC will deliver its verdict in Vedanta), I...
View ArticleAssignment and applicable law. First reading of the EC’s proposal.
A former dean of ours reportedly once suggested that the last thing one should do with something urgent, is tackle it immediately. I have had a draft post on the EC’s assignment proposals in my ledger...
View ArticleSecure Capital v Credit Suisse: Downstream holders of securities and third...
As I seem to be in a mopping-up mode this morning, I might as well sneak in late review of Secure Capital SA v Credit Suisse AG, [2015] EWHC 388 (Comm) and at the Court of Appeal [2017] EWCA Civ 1486....
View ArticleTanchev AG in Reitbauer: contract, pauliana and exclusive jurisdictional...
A little bit of factual background (and imagination; I shall let readers’ imagination run their course) is needed to appreciate Tanchev AG’s Opinion last week in C‑722/17 Reitbauer, which engages...
View ArticleModern Families. UK Supreme Court confirms CSR jurisdiction against mother...
The SC this morning held in [2019] UKSC 20 Vedanta and Konkola v Lungowe, confirming jurisdiction in England for a human rights /environmental claim against a Zambia-based defendant, Konkola Copper...
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