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Learn your lines, son!: the (ir)relevance of grammar for choice of court...
“These general terms and conditions will be governed by and construed in accordance with English law. With respect to any suit, action or proceedings relating to these general terms and conditions...
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On ‘civil and commercial’, lis alibi pendens and torpedoing one’s own action:...
C-523/14 Aertssen is not a corner piece of the Brussels I jigsaw. Rather, a necessary if unexciting piece of the puzzle’s main body. Aertssen NV, of Belgium, had a gripe with VSB Machineverhuur BV and...
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A bar to ‘extraterritorial’ EU law. Landgericht Koln refuses to extend ‘right...
An inevitable consequence of the rulings in Google Spain, Weltimmo and Schrems /Facebook /Safe harbour, is whether courts in the EU can or perhaps even must insist on extending EU data protection rules...
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From England (to Northern Ireland) with love
Geert van Calster:Mutual recognition of same sex-marriage in the UK. Combination of constitutional and conflicts law – a rare treat! Originally posted on UK Human Rights Blog: The High Court in Belfast...
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Privy Council in National Housing Trust: Curial law /law of the seat of...
The Privy Council does not all that often (well, that is actually relative: 47 times already in 2015; that’s not a bad working load for a supreme court) rear its judiciary head. In National Housing...
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Winter has truly arrived. Bot AG skates around lex societatis issues in KA...
In Case C-483/13 KA Finanz AG, the CJEU is asked to clarify the ‘corporate exception’ to the Rome Convention and subsequent Regulation on the law applicable to contractual obligations. The two main...
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Not the way the datr cookie crumbles. Belgian courts on soggy jurisdictional...
Quite a lot of attention has been going to a Belgian court ordering Facebook to stop collecting data from non-users through the use of so-called datr cookies. Applicant is Willem Debeuckelaere, the...
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Cheers to that! The CJEU on excise duties, alcohol, packaging and regulatory...
Less is sometimes more so I shall not attempt to summarise all issues in Case C-198/14 Valev Visnapuu. The case makes for sometimes condensed reading however it perfectly illustrates the way to go...
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Unilateral jurisdiction not necessarily invalid under French law – Cour de...
The French Cour de Cassation’s in Banque Privee Edmond de Rothschild Europe v X held that a unilateral jurisdiction clause was invalid under (doubtful) reference to (then) Article 23 of the Brussels I...
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CMR and the Brussels regime. The UKSC applies Nipponkoa in BAT /Essers.
Confession time: when teaching the general conflicts course I tend to simply say about Article 71 of the Brussels I Regulation (unchanged in the Recast): ‘it’s complicated’. I have also briefly flagged...
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Royal Dutch Shell. Watch those stockings. Nigeria / RDS judgment on appeal...
I have earlier referred to Shell’s arguments in appeal (in Dutch) on the specific issue of jurisdiction, which may be found here . Judgment in first instance in fact, as I reported, generally was...
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It’s true! Belgian Supreme Court confirms order for Yahoo! to hand over...
Jurisdiction and the internet is a topic which has featured once or twice on this blog recently (and in a paper which I have already referred to in those earlier postings). Belgian’s Supreme Court in...
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Proposed EU e-commerce rules further reduce choice for consumer contracts.
I have referred repeatedly in the past to an inevitable attraction which some find in harmonising private, incuding contract law, in the Member States. The Common European Sales Law (CESL) proposal is...
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Happy days!: ‘closest and most real connection’ for identifying lex...
Lilydale v Meyn at the Ontario Court of Appeal (held April 2015 but only reaching me now – thank you to Michael Shafler and colleagues for flagging) is a useful reminder of the common law approach to...
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Lazar: CJEU relates ‘ricochet’ losses to initial damage under Rome II.
Lazar v Allianz, Case C-350/14, was held on 10 December last. It addressed the issue of ‘ricochet’ damage in the Rome II Regulation on the law applicable to non-contractual obligations. Ricochet or...
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Ecobank Transnational v Tanoh: Parallel application of EU and English rules...
In Ecobank Transnational v Tanoh, the Court of Appeal refused an anti-enforcement injunction because of the applicant’s delay in filing it. Nigel Brook reviews the judgment’s findings on the issue of...
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Separable, but not that separate. The Irish High Court in C&F Green Energy on...
The procedural context of C&F Green Energy v Bakker Magnetic BV is an attempt at making the courts preliminarily decide the isuse of applicable law to the contract between the parties. Gearóid...
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I ask ergo I find out? Not necessarily so after judgment in Ergo Insurance...
Is the relationship between two insurers, having covered liability for a towing vehicle cq a trailer, each subrogated in their insured’s rights and obligations, one of them currently exercising a claim...
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Jurisdiction rules on joinders apply regardless of whether they are brought...
The CJEU has held in Case C-521/14 Sovag that Article 6(2) Brussels I (Article 8(2) in the Recast) applies regardless of whether the proceedings are brought against (which is what inter alia the...
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Ordre Public, the ECHR and refusal of recognition under Brussels I: the High...
I have reported before on the narrow possibility, within the scope of the Brussels I Regulation, for refusal of recognition of judgments from fellow national courts in the EU (Diageo; Trade Agency)....
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