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Dr. Felix M. Wilke (University of Bayreuth, Germany) recently published a new book titled “A Conceptual Analysis of European Private International Law”.

Here is an overview provided by the author.

The Regulations on Matrimonial Property and on the Property Consequences of Registered Partnerships having entered into force at the end of January, European Union private international law in the strict sense now comprises six regulations. Meanwhile, many Member States have been busy overhauling their domestic private international law codifications. In fact, in the last twenty-five years, twelve Member States have enacted substantial new private international law legislation, most recently Hungary (in force since 1 January 2018) and Croatia (in force since 29 January 2019).

The book A Conceptual Analysis of European Private International Law sets out to take both the EU and the national perspective into account and addresses what is often called the “general” issues of the field. The author has combed through legislation and academic contributions from all Member States in order to arrive at the conclusion that there is much more conceptual consensus than generally assumed.

In fact, none of the aforementioned codifications from the last twenty-five years does not have a chapter on “general provisions” and the like. The author charts the similarities and differences among these chapters (albeit without the too-recent Croatian reform), and compares them with positions from Member States without a private international law codification. He goes on to argue that the commonalities ought to ease apprehensions about the potential introduction of general rules of EU private international law – and that, in many cases, the EU is already halfway there, having created (near-)identical provisions for several or all of its regulations: e.g. for public policy, renvoi, overriding mandatory provisions, or non-unified legal systems. Furthermore, he submits that the conceptual-theoretical insights gained from the comparative analysis can easily and also should be transferred to the EU level.

From the foreword by Ralf Michaels: “This is a thoroughly researched work that is both comparative-empirical and prescriptive in nature, a study that both surveys existing law and makes proposals on the basis of its findings. … The fact that the book is written in English provides the discipline with a formidable opportunity to learn about and engage with a specific kind of position towards conceptual issues of private international law.”

The front matter and the table of contents can be found here.

More information can be found here.

As I discussed with Stephen Gardner in Bloomberg Environment, the CJEU held yesterday in C-399/17 EC v Czech Republic, where the question is whether the Czech Republic has infringed the waste shipments Regulation 1013/2006 by refusing to take back a substance known as TPS-NOLO (or Geobal) that had been shipped to Poland without respecting the requisite formalities of the Waste Shipment Regulation.

Approximately 20 000 tonnes of TPS-NOLO (Geobal) and composed of tar acid, a remnant after refining oil (code 05 01 07* of the European waste catalogue), of carbon dust and of calcium oxide. Poland considered the substance to be hazardous waste classified in Annex IV to the Waste Shipment Regulation (‘Waste tarry residues (excluding asphalt cements) arising from refining, distillation and any pyrolitic treatment of organic materials’).  The Czech citizen responsible for the shipment to Poland presented the standards adopted by the company as well as proof that the substance in question was registered under the REACH Regulation and that it was used as fuel.

Wahl AG had suggested inadmissability, as I discuss here. The Court however disagreed, and on substance dismissed the EC action in five steps summarised very well in its case-summary. Of note in particular with respect to the REACH /WFD relation is that the Court holds that while the EC is right in being sceptical about WFD evasion via REACH (not that straightforward an assumption, given the cumbersome implications of REACH compliance), the Commission needs to bring specific evidence to the table rather than mere speculation.

Not an earth-shattering case yet a relevant one also with a view to circular economy debates, where REACH’ data requirements are an important concern for recyclers.

Geert.

Handbook of EU Waste law, 2nd ed. 2015, OUP, i.a.at para 1.201.

This year’s Journée de droit international privé of the Swiss Institute of Comparative Law will be devoted to Interim Measures in International Commercial Litigation, and will take place on 23 May 2019, in Lausanne.

Speakers include George A. Bermann, Andrea Bonomi, Lawrence Boo, Sabine Corneloup, Gilles Cuniberti, Karim El Chazli, Sandrine Giroud, Laurent Hirsch, Alexander Layton, Ilaria Pretelli, and Gian Paolo Romano.

The detailed program, with further information on registration and fees, can be found here.

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Sécurité sociale, cotisations et contributions du régime général

Sécurité sociale, accident du travail

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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 highlighted more cases on the blog), Ørjan Salvesen Haukaas has now reported an application of CDC in a decision of December 2018 by a Norwegian Court of appeal, LB-2018-136341 Posten /Bring v Volvo. The court evidently applies Lugano (Article 6), not Brussels Ia, yet the provision  is materially identical.

Norwegian and foreign companies in the Posten/Bring group (mail services) had sued companies in the Volvo group for alleged losses incurred when purchasing trucks from Volvo after certain companies in the Volvo group had been fined for participating in a price-fixing cartel. Posten/Bring also sued a Norwegian company in the Volvo group, which had not been fined for participating in the price-fixing cartel.

Borgarting Court of Appeal held that Norwegian courts have jurisdiction pursuant to Article 6(1) Lugano even if the anchor defendant is sued merely to obtain Norwegian jurisdiction. The court solely had to determine whether the claims were so closely connected that there was a risk of irreconcilable judgments, in the absence of any suggested collusion between the anchor defendant and claimants per CDC.

Geert.

(Handbook of) European Private International Law. 2nd ed. 2016, Chapter 2, Heading 2.2.12, Heading 2.2.12.1.