La 32e chambre du tribunal correctionnel, qui juge l’affaire Balkany depuis quatre semaines, a mis sa décision en délibéré au 18 octobre après les plaidoiries des avocats de Jean-Pierre Aubry et Patrick Balkany. Les conseils du premier ont plaidé la relaxe quand ceux du second ont demandé au tribunal une peine juste.
Accident médical- Indemnisation
Extradition
Prescription
Non lieu à renvoi
The Brussels Court of Appeal held early May in a lengthy and scholarly judgment that it sees no ground in either public international law, or European law, for jurisdiction of the Belgian courts against Facebook Ireland and Facebook Inc (Palo Alto, California). I reported on the litigation inter alia here. I believe the Court is right, as readers of the blog know from my earlier postings.
Belgium’s Data Protection Authority (DPA) does not signal the rejection of jurisdiction against FB Ireland and FB Inc in its press release, however even its 3 page extract from the 121 page judgment clearly shows it (first bullet-point).
The questions which the Court of Appeal has sent up to Luxembourg concern Facebook Belgium only. The Court in the full judgment does not qualify FB Belgium’s activities as data processing. However it has very specific questions on the existence and extent of powers for DPAs other than the leading authority under the GDPR, including the question whether there is any relevance to the fact that action has started prior to the entry into force of the GDPR (25 May 2018). The Court is minded to interpret the one-stop shop principle extensively however it has doubt given the CJEU’s judgment in Fanpages.
Crucial and so far, I believe, fairly unreported. (My delay explained by the possibility for use as an essay exam question – which eventually I have not).
Geert.
(Handbook of) EU private international law, 2nd ed.2016, chapter 2, Heading 2.2.8.2.5.
Les faits de corruption, les plus graves, ont trait à l’opération immobilière dite des Tours de Levallois. Celle-ci implique MM. Patrick Balkany, Jean-Pierre Aubry, l’ex-avocat Arnaud Claude et Mohamed Al Jaber.
The International Law Association and New South Wales Young Lawyers association are hosting a half-day conference next week. It will cover a range of topical issues of international law in the settlement of international disputes, including international commercial arbitration. A copy of the programme is available here. Interested attendees may register via this link.
Private International Law in Australia
The 4th edition of this leading book authored by Professors Reid Mortensen, Richard Garnett and Mary Keyes has been published with Lexis Nexis and is available for purchase as a paperback or an eBook here. Significant recent developments in the private international law of Australia, including legislative reforms and important case law, are examined in this edition. In addition to a detailed analysis of the principles applicable to jurisdiction, choice of law and the recognition and enforcement of foreign judgments, the authors give dedicated attention to international arbitration, family law and company law. This edition also features a brand-new chapter on the choice of law rules applicable to equitable claims and trusts. This book will be a valuable addition to the library of anyone with an interest in the private international law principles applicable in common law jurisdictions, particularly in Australia.
Commercial Issues in Private International Law: A Common Law Perspective
This collection, edited by Mr Michael Douglas and Professors Vivienne Bath, Mary Keyes and Andrew Dickinson, has just been published in Hart Publishing’s series, Studies in Private International Law. It is the culmination of the successful and enjoyable conference held at the University of Sydney in February of last year. The authors include judges, scholars and practitioners from Australia, New Zealand, Singapore and the United Kingdom. Their chapters deal with a range of contemporary topics, including rules for service out of the jurisdiction; case management stays; rules governing the recognition and enforcement of foreign judgments and their relationship with jurisdiction; arbitration; (overriding) mandatory rules; proof of foreign law and party autonomy, among others. The Honourable William MC Gummow, a retired justice of Australia’s highest court, remarks in the foreword that “Legal advisers, advocates, judges, scholars and students will find in these pages much to engage them and stimulate further thought.”. The book is available for purchase as a hardback or an eBook here.
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