Feed aggregator

No decisions on PIL matters will be taken this month. However, a couple of opinions will be published, and a hearing will be held.

AG’s Spuznar opinion on C–469/19, All in One Star, will be delivered on 14 October 2020. The request from the German Bundesgerichtshof was lodged on 19 June 2019.

The questions submitted are as follows:

1. Does Article 30 of Directive (EU) 2017/1132 [relating to certain aspects of company law] preclude a national provision under which the indication of the amount of share capital or a comparable capital value is required for a branch of a limited liability company with registered office in another Member State to be entered in the commercial register?

2.a Does Article 30 of Directive (EU) 2017/1132 preclude a national provision under which, when applying for a branch of a limited liability company with registered office in another Member State to be entered in the commercial register, the managing director of the company has to provide an assurance that there is no barrier to his personal appointment under national law in the form of a prohibition, ordered by a court or public authority, on practising his profession or trade, corresponding in whole or in part with the object of the company, or in the form of a final conviction for certain criminal offences and that, in this respect, he has been instructed of his unrestricted duty to provide information to the court by a notary, a representative of a comparable legal advisory profession or a consular officer?

2.b If Question 2.a is answered in the negative: Do Articles 49 and 54 TFEU preclude a national provision under which the managing director of the company has to provide such an assurance when applying for a branch of a limited liability company with registered office in another Member State to be entered in the commercial register?

On the same day, the hearing in C-729/19 Department of Justice for Northern Ireland will take place. The issue relates the registration and enforcement in Northern Ireland of a maintenance order made by a Polish court before Poland’s accession to the EU pursuant to Council Regulation (EC) No 4/2009 of 18 December 2008. The case has been allocated to the 3rd Chamber (the one who determined as well C-41/19 and C-540/19, with Ms. Rossi as reporting judge), and to AG Hogan.

On 29 October, AG Saugmandsgaard Øe will deliver his opinion in C-804/19 , Markt24. Here, the questions come from the Landesgericht Salzburg (Austria), and are not short:

1. Is Article 21 of Regulation (EU) No 1215/2012 applicable to an employment relationship in which, although an employment contract was entered into in Austria for the performance of work in Germany, the female employee, who remained in Austria and was prepared for several months to work, did not perform any work?

In the event that the first question is answered in the affirmative:

2. Is Article 21 of Regulation (EU) No 1215/2012 to be interpreted as meaning that it is possible to apply a national provision which enables an employee to bring an action in the place where she was resident during the employment relationship or at the time when the employment relationship ended (thus facilitating the process of bringing an action), as is the case with Paragraph 4(1)(a) of the Arbeits- und Sozialgerichtsgesetz (Law on the labour and social courts; ‘the ASGG’)?
3. Is Article 21 of Regulation (EU) No 1215/2012 to be interpreted as meaning that it is possible to apply a national provision which enables an employee to bring an action in the place where the remuneration is to be paid or was to be paid upon termination of his employment relationship (thus facilitating the process of bringing an action), as is the case with Paragraph 4(1)(d) of the ASGG?

In the event that Questions 2 and 3 are answered in the negative:

4.1. Is Article 21 of Regulation (EU) No 1215/2012 to be interpreted as meaning that, in the case of an employment relationship in which the female employee has not performed any work, the action must be brought in the Member State in which the employee remained prepared to work?

4.2. Is Article 21 of Regulation (EU) No 1215/2012 to be interpreted as meaning that, in the case of an employment relationship in which the female employee has not performed any work, the action must be brought in the Member State in which the employment contract was initiated and entered into, even if the performance of work in another Member State had been agreed or envisaged in that employment contract?

In the event that the first question is answered in the negative:

5. Is Article 7(1) of Regulation (EU) No 1215/2012 applicable to an employment relationship in which, although an employment contract was entered into in Austria for the performance of work in Germany, the female employee, who remained in Austria and was prepared for several months to work, did not perform any work, if it is possible to apply a national provision which enables an employee to bring an action in the place where she was resident during the employment relationship or at the time when the employment relationship ended (thus facilitating the process of bringing an action), as is the case with Paragraph 4(1)(a) of the ASGG, or if it is possible to apply a national provision which enables an employee to bring an action in the place where the remuneration is to be paid or was to be paid upon termination of the employment relationship (thus facilitating the process of bringing an action), as is the case with Paragraph 4(1)(d) of the ASGG?
6. The proceedings are stayed pending the ruling the Court of Justice (Paragraph 90a of the Gerichtsorganisationsgesetz (Law on the organisation of the courts; ‘the GOG’).

The chamber in charge is the 5th, (Bonichot, Bay Larsen, Toader, Safjan, Jääskinen), with Mr. Safjan as reporting judge.

Registration for the 2021 Online Winter Courses will open on October 8th, 2020 at 0:00 hrs. The Hague Time (GMT +1).

Due to the COVID-19 pandemic, and for the first time in the Academy’s almost century-old history, a session of courses will be held exclusively online, that of winter 2021. The programme of the Winter Courses will take place as originally scheduled, from 11 to 29 January 2021. The Academy will offer registered attendees the opportunity to follow the courses in webinar format through the Zoom software application.

Programme:

Inaugural Lecture: A House of Many Rooms: The Rise, Fall and Rise Again of Territorial Sovereignty? Malcolm N. SHAW QC, Emeritus Sir Robert Jennings Professor at the University of Leicester

General Course (delivered French, simultaneously interpreted into English): International Law and Normative Polycentrism, Maurice KAMTO, Honorary Professor at the University of Yaoundé II

International Law-Making for the Environment, Alan BOYLE Emeritus Professor at the University of Edinburgh

Evidence in International Adjudication, Chester BROWN, Professor at the University of Sydney Law School

The Emergence of Food Sovereignty in International Law (delivered French, simultaneously interpreted into English), Olivier DE SCHUTTER, Professor at the Université catholique de Louvain and Former UN Special Rapporteur on the Right to Food

The Protection of Religious Cultural Property in Public and Private International Law (delivered French, simultaneously interpreted into English), José Angelo ESTRELLA FARIA, Principal Legal Officer and Head of the Legislative Branch, in the International Trade Law Division, UN Office of Legal Affairs

Civil War and the Transformation of International Law, Anne ORFORD, Professor at the University of Melbourne

The Regulation of the Internet, Inger ÖSTERDAHL, Professor at the University of Uppsala

Relationships Between International Criminal Law and Other Branches of International Law, William SCHABAS, Professor at Middlesex University London and at Leiden University

The programme can be downloaded here.

Further information on registration is here.

Highly recommended!