Stichting FX Claims v Natwest Markets. Amsterdam court rejects anchor, locus...
In FX Claims v Natwest Markets ECLI:NL:RBAMS:2023:1789, the first instance court at Amsterdam has rejected jurisdiction against the non-Dutch incorporated defendants (from the UK, the US, and...
View ArticleBoettcher v Xio. (Wrongly?) identifying under Rome II the direct damage of...
In Boettcher v Xio (UK) LLP & Ors [2023] EWHC 801 (Comm) Eggers DJ ultimately rejected ia a forum non conveniens challenge viz a claim for damages for misrepresentations allegedly made to induce...
View ArticleInfrastructure Services Luxembourg v Spain, this time in the High Court. On...
Infrastructure Services Luxembourg SARL ea v Kingdom of Spain [2023] EWHC 1226 (Comm) adds to the Smorgasbord of ECT ICSID (and other) award enforcement issues which I also signalled here, and links of...
View ArticleFGTI v Victoria Seguros. The CJEU verbosely on subrogration and statutes of...
Gilles Cuniberti reviewed the CJEU’s judgment in C‑264/22 FGTI v Victoria Seguros here, and I agree the judgment in convoluted terms replies to a fairly obvious question. Obvious, for with Giles, I...
View ArticleSEOK v Hammy Media. The Amsterdam courts, using both Brussels Ia and the...
A late post on the Amsterdam courts’ injunction, in interlocutory proceedings, ordering Hammy Media to remove secretly filmed amateur adult content. The judgment will be of interest to both privacy...
View ArticleCourts Amsterdam somewhat conservatively on locus delicti commissi following...
In ECLI:NL:GHAMS:2023:887 (parties names anonymised given the nature of the case; husband and wife have been divorced under civil law since 2018; the ex-husband is domiciled and lives in France; the...
View ArticleAthenian Brewery and Heineken v Macedonian Thrace Brewery. Interesting...
In Athenian Brewery and Heineken v Macedonian Thrace Brewery ECLI:NL:HR:2023:660, the Dutch Supreme Court is likely to refer to the CJEU on the approach to ‘relatedness’ in competition law cases,...
View ArticleT BV v S-O GmbH. Belgium’s Supreme Court drops the qualification of Belgium’s...
One my of students, Jules Culot, has excellent analysis of the recent Belgium Supreme Court’s turnaround (T BV v S-O GmbH – what is with the anonymisation?!) on Belgium’s rule for dispute resolution in...
View ArticleMF Tel v Visa. Once again on the location of purely economic damage.
In MF Tel Sarl v Visa Europe Ltd [2023] EWHC 1336 (Ch), Marsh M admirably summarises the extensive authorities both English and CJEU (and almost all of them discussed on this blog) on ‘purely economic...
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CJQue Choisir. EU finds Corona travel vouchers infringe package travel...
As I predicted para 3.92 of the Handbook (3rd ed.), and here, the CJEU has now found that Member States cannot invoke force majeure to release, even temporarily, package travel organisers from the...
View ArticleKvist v GippsAero. Forum non conveniens challenge unsuccessful viz Australian...
In Kvist v GippsAero Pty Ltd & Anor [2023] VSC 275, Dixon J refused an application for forum non conveniens in a judgment that is good material for the comparative conflict of laws binder. On 14...
View ArticleOn the gaping whole (and unlikely winners) in digital data, property rights...
Diamedica Therapeutics Inc v Pharmaceutical Research Associates Group BV NCC22/018 ECLI:NL:RBAMS:2023:2540 highlights the IMHO troubled Rome I implications for property rights as opposed to contractual...
View ArticlePopescu v Essers. The Antwerp Court of Appeal on intra-EU social dumping and...
In Popescu v Essers the Antwerp Court of Appeal has confirmed jurisdiction in a claim by a Romanian driver against a Belgian-incorporated freight company, and applied Belgian labour law to the their...
View ArticleA double whammy for claimants in Heirs of the Sultan of Sulu v Malaysia (with...
Update 6 July 2023 my thoughts on the funding issue are here. The Heirs of the Sultan of Sulu v Malaysia at the end of June saw both the Paris Court of Appeal declare as inadmissible (due to late...
View ArticleVK v N1 Interactive. Can consumers shop for more favourable laws outside Rome...
I asked one group of my students of private international law in the most recent exam session the following question: In Case C-429/22 VK v N1 Interactive Ltd, an Austrian court has asked the CJEU the...
View ArticleVolkswagen next level. Request for CJEU clarification of Article 7(2)...
See here for one of the questions I asked one cohort of students in this term’s exam, the other group got this question: In Case C-81/23 FCA Italy and FPT Industrial, an Austrian court has asked the...
View ArticleSome movement on UK accession to Lugano? UN Committee queries European Union...
I have reported before on the European Commission’s reasoning to refuse to support the UK’s accession to the Lugano Convention. Leigh Day and Daniel Leader in particular report here on a recent...
View ArticleCourt of session rejects forum non conveniens challenge in James Finlay...
Thursday’s Court of Session’s rejection of the defendant’s forum non conveniens objection to jurisdiction in Hugh Campbell KC v James Finlay (Kenya) Ltd [2023] CSOH 45 means the class action lest...
View ArticleDutch court wrongly rejects Brussels Ia consumer title jurisdiction in...
Leuven term is finally wrapping up and I am hoping to post more of the promised updates over the course of the next few weeks. In Stichting Massaschade & Consument [SMC] v Airbnb Ireland UC...
View ArticleRechtbank Noord Holland on applicable law viz a pig butchering scam, echoing...
X v Coinbase Ireland Ltd ECLI:NL:RBNHO:2023:5305 is of interest to the blog for its imho shaky finding on the law applicable to the claim. The case is a so-called pig butchering scam, a term I had...
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