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Entrée en fonctions d’un nouveau Membre au Tribunal de l’Union européenne

Entrée en fonctions d’un nouveau Membreau Tribunal de l’Union européenne

King
Libre circulation des personnes
L’avocat général Tanchev considère qu’imposer à un travailleur de prendre un congé avant de pouvoir savoir s’il a droit à être rémunéré au titre de ce congé est incompatible avec le droit de l’Union

Dextro Energy / Commission
Environnement et consommateurs
La Cour confirme que plusieurs allégations de santé relatives au glucose ne peuvent pas être autorisées

A.S.
Espace de liberté, sécurité et justice
Dans les circonstances exceptionnelles de la crise des réfugiés, l’avocat général Sharpston considère que l’État membre dans lequel une demande de protection internationale a été introduite en premier est responsable de l’examen de cette demande

The Répertoire Dalloz has just published the voice “Droit international privé et droit de l’Union européenne” (in French), by J.S. Bergé, D. Porcheron and G. Vieira da Costa Cerqueira. Here is the English summary. The ToC is also available here.

The law of the European Union offers itself as a new legal context in which the constructions of private international law are now massively deployed. In addition to pre-existing national contexts and pre-established international or transnational environments, the European Union is likely to dramatically change the substance and conditions of the implementation of conflicts of laws. The changes brought about by the emergence of this new European legal reference framework are far from having delivered all their manifestations. The three generations of European law which have so far succeeded are not sufficient to shed light on all the areas of shadow left behind by the two major legal areas of the European Union, namely the internal market space and the area of ??freedom, security and justice. But the process is on the way, which suggests dialectical games which can reasonably be expected to be well established today.

These dialectical reports, at the first level, present a confrontation of the methods and solutions of private international law and the legal system of the European Union. A historical approach requires a distinction between the three major stages that marked the Europeanization of private international law. The question of the competence of the European Union to legislate in this area must also be asked. There remains the crucial question of methods: the irreducibility of the two subjects of European law and private international law suggests a cross-game of influence on one another. At the second level, the construction of private international law at a European level needs to be re-examined. The presence of a European judge and the European codification movement are likely to explain the transformations currently taking place.

Pourvoi c/ Cour d'appel de Pau, Chambre de l'application des peines, 7 décembre 2016

Another posting for the ‘comparative conflicts /dispute resolution’ binder. In order not to be found to have voluntary appeared (‘submitted to jurisdiction’), civil procedure rules worldwide require defendants to flag their opposition to jurisdiction early on in the proceedings. Indeed at the threshold of the litigation: in limine litis.

In EU law, the Court of Justice ruled in Elefanten Schuh that where civil procedure of the Member States requires a defence on the merits at the very earliest opportunity, such defence does not jeopardise objection to jurisdiction made at the same occasion. (Case-law now reflected in the wording of the Brussels I Regulation and its Recast successor).

There is as yet however no CJEU case-law on what level of interaction with the courts leads to submission.

In England, Zumaz Nigeria v First City [2016] EWCA Civ 567 recently held that application for disclosure does not entail submission: for one may need those very documents to contest jurisdiction.

Thank you RPC for now flagging Shenzhen CTS International Logistics Co Ltd v Dajiang International Investment Co Ltd. The court found that by applying to strike out the claim and seeking security for costs (to include the period after the hearing of the stay application), defendant had invoked the jurisdiction of the Hong Kong courts. As always of course the decision was based on factual merit which RPC’s David Smyth and Hannah Fletcher  summarise very well in the posting hyperlinked above.

Beware before you engage with the courts, if you do not wish to be seen as having submitted.

Geert.

(Handbook of) European Private international law, 2nd ed. 2016, Chapter 2, Heading 2.2.7.

Par cet arrêt relatif à des faits de détention et diffusion d’images de mineurs présentant un caractère pornographique, la CEDH condamne l’Espagne pour violation du droit au respect de la vie privée du propriétaire des fichiers.

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The University of Milano-Bicocca will host on June 8th and 9th a Judicial Training on International Child Abduction as part of the Project “EU Judiciary Training on Brussels IIa Regulation: from South to East”, co-funded by the Justice Programme of the European Union.

The Project, carried out by a net of four Universities led by Professor Costanza Honorati, aims to promote uniformity in the application of Regulation No 2201/2003 on Separation, Divorce and Parental Responsibility, through the organization of training events and the realization of a final handbook.

On June 8th the workshop will focus on the Hearing of the Child, a very sensitive issue and an essential part of a modern protection of children’s rights. Qualified Judges, Psychologists and Social Services will explore on all relevant concrete issues. Experts include, in particular: Martina Erb-Klünemann (Judge at the District Court Hamm, Liaison Judge of the Hague Network and ENJ Member), Maria Domenica Maggi (Psychologist, Honorary Judge Juvenile Court of Milan), Sara Lembrechts & Katrien Herbots (KeKi – Children’s Right Knowledge Centre, Ghent), Michael Ford (MiKK – International Mediation Centre for Family Conflict and Child Abduction).

On June 9th, Italian and foreign academics will address to International Child Abduction. Speakers include: Prof. Costanza Honorati (University of Milano-Bicocca), Prof. Maria Caterina Baruffi (University of Verona), Prof. Cristina Gonzalez Beilfuss & Dr. Maria Alvarez Torné (University of Barcellona), Prof. Mirela Zupan (University J. J. Strossmayer of Osijek), Prof. Ivana Kunda (University of Rijeka), Dr. Agne Limante (Law Institute of Lithuania).

Judges and Lawyers will solve practical cases and discuss with trainers, bringing their professional experience and working methods to the benefit of all participants.

Further information and the flyer of the initiative are available here.

 

 

Elections

The International Law Association (ILA) has a new website (please click here) with an improved look. The ILA hopes that visitors will find the site more informative and easier to navigate; in particular, the Members Only Area has been upgraded and will continue to be developed in order to provide members with more targeted and relevant information.

The ILA was founded in Brussels in 1873. Its objectives, under its Constitution, are “the study, clarification and development of international law, both public and private, and the furtherance of international understanding and respect for international law”. The ILA has consultative status, as an international non-governmental organisation, with a number of the United Nations specialised agencies. For further information and a welcome address from ILA chairman Lord Mance, please click here.

The German branch of the ILA will hold its annual meeting on 23 June, 2017, in Frankfurt (Main). This year’s topic is „Human Rights in International Business”. The list of distinguished speakers will include Professors Marc-Philippe Weller (Heidelberg) and Karsten Nowrot (Hamburg) as well as lawyers Dr. Birgit Spießhofer and Prof. Dr. Remo Klinger (both from Berlin). You may find the full programme and further information here.