Agrégateur de flux

Pourvoi c/ Cour d'appel de Paris, 22 novembre 2019

Cour d'appel de Montpellier, 15 mai 2020

Pourvoi c/ Cour d'appel de Rennes, 25 septembre 2019

Pourvoi c/ Cour d'appel d'Aix-En-Provence, 28 septembre 2017

Cambridge University Press has just published the second edition of the Concise Commentary on the Rome I Regulation edited by Franco Ferrari.

In addition to Ferrari himself, the authors of the commentary are Markus Altenkirch, Christoph Althammer, Jan Bischoff, Tim W. Dornis, Jan D. Lüttringhaus, Spyros Makris,  Sebastian Omlor, Francesca Ragno, Martin Schmidt-Kessel, Björn Steinrötter, and Felipe Temming.

The blurb reads:

This book offers an updated article-by-article commentary of the Rome I Regulation, applicable in the courts of nearly all European countries to identify the law applicable to international contracts. The commentary is authored by an international group of academics and practitioners, who all have practical experience with international contracts and, thus, were able to focus on the needs of practice. This volume will be not only a reference guide for judges and practitioners alike, but also a crucial resource for academics and researchers.

More information available here.

Dans le cadre du printemps de l’évaluation, le député Patrick Hetzel a remis un rapport qui fait le point sur le budget de la justice et l’impact de la crise covid-19. Si cette crise a un impact budgétaire limité, elle bouleverse les institutions judiciaires et pénitentiaires. L’administration pénitentiaire s’attend à une hausse limitée de la population carcérale dans les prochains mois.

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Sécurité sociale, accident du travail

Many thanks indeed Kevin La Croix for flagging the suit brought in New York by a group of Bayer AG shareholders, against Bayer (with seat at Leverkusen, Germany), concerning the not altogether successful purchase of Monsanto by Bayer. Kevin has excellent analysis and I am happy to refer.

Claimants of course pre-empt arguments of lack of subject-matter jurisdiction and, subsidiarily, forum non conveniens – please refer to Kevin’s overview for the arguments to and fro. Most interesting. It brought back to me echoes of the Australian case of Tiger v Morris, not because the subject-matter is similar (it is not) but because in this increasingly globalised world (despite Covid19), courts everywhere are increasingly asked to consider the reach of their courts in cases with competing local and foreign interests. Comity considerations underlying the historic roots of conflict of laws are being brought back to the fore, no doubt also partially as a result of the impact of third party financing, contingency fees etc.

One to keep an eye on. One wonders whether Bayer might be launching a related case in Germany, then triggering A33/34 considerations.

Geert.

 

 

Forum shopping, corporate law. Lex causae undoubtedly German law. Shareholder seeking to take advantage in particular of procedure.

via @alahav https://t.co/TBcKULJIQc

— Geert Van Calster (@GAVClaw) March 18, 2020

Bertrand Copigneaux, Nikita Vlasov and Emarildo Bani of IDATE DigiWorld, Nikolay Tcholtchev and Philipp Lämmel of Fraunhofer Institute for Open Communication Systems, Michael Fuenfzig, Simone Snoeijenbos and Michael Flickenschild from Ecorys, and Martina Piantoni and Simona Frazzani from Grimaldi Studio Legale, have written a Study on Blockchain for supply chains and international trade at the request of the European Parliament.

The study was commissioned by the Panel for the Future of Science and Technology (STOA) and managed by the Scientific Foresight Unit, within the Directorate-General for Parliamentary Research Services (EPRS) of the Secretariat of the European Parliament.

The abstract reads:

This study provides an analysis of blockchain technology in the context of international trade. It analyses the potential impacts of blockchain development and applications in eight use cases for supply chains and international trade. It also provides an analysis of the current legislative framework and existing initiatives.

Based on this analysis, and following a broad consultation of relevant organisations, the study identifies several challenges in international trade documentation and processes, and presents a range of policy options for the European Parliament.

The Study concludes by developing 20 policy options, which are organised in six themes.

Customs facilitation through blockchain

1. The European Commission could act as a bridge between EU customs authorities interested in employing blockchain technology for the digitalisation of customs, with a view to jointly developing further proofs of concept.

2. EU Single Window working groups could run through the blockchain key questions to be addressed within the guidelines developed by the World Economic Forum by means of consultations with authorities, private sector groups and mixed focus groups, to explore whether there is a business case for its development.

3. The European Commission could look to its partners in mutual recognition agreements to explore the possibility of sharing Authorised Economic Operator information via blockchain.

Involvement of small and medium-sized enterprises in the blockchain sphere

4. The European Commission could be encouraged to help SMEs keep abreast of blockchain applications relevant for their particular role in the value chain.

5. Funds could be made available to support collaboration between SMEs as both suppliers of solutions and end-users of global value chains. 

Sustainable trade through blockchain

6. The European Commission could be provided with the budget to scale up the solutions being developed under Blockchain for Social Good, particularly those relating to fair trade.

7. The European Commission could include blockchain technology solutions in the considerations for designing the practical aspects of an EU carbon border tax.

Leadership in standardisation of blockchain technology

8. The European Commission could continue to play a leading role in the standardisation process, continue its close collaboration with international partners and strive to provide a platform to enable the various actors working on pilots and standards to engage with each other in order to avoid fragmentation.

9. The European Commission could make use of the Multi-Stakeholder Platform on ICT Standardisation to further collaborate with various stakeholders on blockchain standardisation.

10. Beyond dialogue with third countries on standardisation, the EU could lead by example and set standards itself by introducing blockchain-based services for example in customs or financial transparency, based on which private actors, third countries, and international standardisation organisations could orient themselves.

11. Support could be given to the work of the European Blockchain Partnership, and collaboration encouraged with the International Association for Trusted Blockchain Applications, in order to work towards a comprehensive ecosystem of international supply chains using blockchain technology.

Evidence-based policymaking in the area of blockchain

12. Parliament could engage more actively in the work already going on at EU level with regard to blockchain technology and international trade by observing relevant organisations such as the European Blockchain Partnership or asking the European Commission for regular updates on their work.

13. Networks, such as the European Blockchain Partnership, the Observatory and others could be promoted. To this end the Parliament could also promote and fund further research in the area, including a mapping of regulatory readiness in the EU, its Member States and international partners.

14. The European Commission could be made aware that solutions should include reporting indicators and specific plans on how results will be measured, communicated and developed into lessons learned. 

15. Progress of work already being done in piloting blockchain at EU level could be monitored closely and support given for setting up future use cases and pilots under the European Blockchain Services Infrastructure and the Connecting Europe Facility.

16. Use could be made of funding schemes for research and business to support the EU’s efforts in the early stage development of blockchain-related projects in trade and supply chains.

17. In the context of the International Association for Trusted Blockchain Applications, the European Commission could be supported and encouraged to establish a public–private partnership in the area of blockchain for international trade and supply chains.

Awareness raising for the use of blockchain

18. Regarding blockchain’s potential to improve efficiency and support EU values such as transparency, fair trade, and social and environmental responsibility, the EU could promote recognition of the technology and its use in trade and supply chains.

19. Successful proof of concepts, pilots and the available building blocks on the Connecting Europe Facility platform could be promoted among Member States, private stakeholders and citizens to increase familiarity among stakeholders with the technology and its uptake.

20. The European Commission and Member States could be encouraged to make use of their roles as members of international organisations such as the World Trade Organization, the World Customs Organization and the United Nations Centre for Trade Facilitation and Electronic Business to promote trade digitalisation and the use of blockchain technology.

The Study can be freely downloaded here. A Briefing summarizing the findings of the Study is available here.

Dans un arrêt du 14 mai 2020, la Cour de justice de l’Union européenne consacre le libre choix de l’avocat pour les procédures de médiation dans le cadre de l’assurance de protection juridique.

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Nous avons voulu comprendre comment les procédures judiciaires passaient concrètement les frontières, hors de l’Union européenne. Couramment, c’est au travers du ministère des affaires étrangères. Reportage au carrefour du droit et de la diplomatie.

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Saisie immobilière

Procédures civiles d'exécution

Détention provisoire

Détention provisoire