Agrégateur de flux

Written by Madeleine Petersen Weiner/Marc-Philippe Weller

In this article, we critically assess the question of where to locate the “event giving rise to the damage” under Art. 7 Rome II in CO2 reduction claims. This controversial – but often overlooked – question has recently been given new grounds for discussion in the much discussed “Milieudefensie et al. v. Shell” case before the Dutch district court in The Hague. In this judgment, the court had to determine the law applicable to an NGO’s climate reduction claim against Royal Dutch Shell. The court ruled that Dutch law was applicable as the law of the place where the damage occurred under Art. 4 (1) Rome II and the law of the event giving rise to the damage under Art. 7 Rome II as the place where the business decision was made, i.e., at the Dutch headquarters. Since according to the district court both options – the place of the event where the damage occurred and the event giving rise to the damage – pointed to Dutch law, this question was ultimately not decisive.

However, we argue that it is worth taking a closer look at the question of where to locate the event giving rise to the damage for two reasons: First, in doing so, the court has departed from the practice of interpreting the event giving rise to the damage under Art. 7 Rome II in jurisprudence and scholarship to date. Second, we propose another approach that we deem to be more appropriate regarding the general principles of proximity and legal certainty in choice of law.

1. Shell – the judgment that set the ball rolling (again)

The Dutch environmental NGO Milieudefensie and others, which had standing under Dutch law before national courts for the protection of environmental damage claims, made a claim against the Shell group’s parent company based in the Netherlands with the aim of obliging Shell to reduce its CO2 emissions. According to the plaintiffs, Shell’s CO2 emissions constituted an unlawful act. The Dutch district court agreed with this line of reasoning, assuming tortious responsibility of Shell for having breached its duty of care. The court construed the duty of care as an overall assessment of Shell’sobligations by, among other things, international standards like the UN Guiding Principles of Human Rights Responsibilities of Businesses, the right to respect for the private and family life under Art. 8 ECHR of the residents of the Wadden region, Shell’s control over the group’s CO2 emissions, and the state’s and society’s climate responsibility etc. This led the district court to ruling in favor of the plaintiffs and ordering Shell to reduce its greenhouse gas emissions by 45% compared to 2019.

In terms of the applicable law, the court ruled that Dutch law was applicable to the claim. The court based its choice of law analysis on Art. 7 Rome II as the relevant provision. Under Art. 7 Rome II, the plaintiff can choose to apply the law of the event giving rise to the damage rather than the law of the place where the damage occurred as per the general rule in Art. 4 (1) Rome II. The court started its analysis by stating that “climate change, whether dangerous or otherwise, due to CO2 emissions constitutes environmental damage in the sense of Article 7 Rome II”, thus accepting without further contemplation the substantive scope of application of Art. 7 Rome II.

The court went on to find that the adoption of the business policy, as asserted by the plaintiffs, was in fact “an independent cause of the damage, which may contribute to environmental damage and imminent environmental damage with respect to Dutch residents and the inhabitants of the Wadden region”. The court thereby declined Shell’s argument that Milieudefensie’s choice pointed to the law of the place where the actual CO2 emissions occurred, which would lead to a myriad of legal systems due to the many different locations of emitting plants operated by Shell.

2. The enigma that is “the event giving rise to the damage” to date

This line of reasoning marks a shift in the way “the event giving rise to the damage” in the sense of Art. 7 Rome II has been interpreted thus far. To date, there have been four main approaches: A broad approach, a narrower one, one that locates the event giving rise to the damage at the focal point of several places, and one that allows the plaintiff to choose between several laws of events which gave rise to the damage.

(1.) The Dutch district court’s location of the event giving rise to the damage fits into the broad approach. Under this broad approach, the place where the business decision is made to adopt a policy can qualify as a relevant event giving rise to the damage. As a result, this place will usually be that of the effective headquarters of the group. On the one hand, this may lead to a high standard of environmental protection as prescribed by recital 25 of the Rome II Regulation, as was the case before the Dutch district court, which applied the general tort clause Art. 6:162 BW. On the other hand, this may go against the practice of identifying a physical action which directly leads to the damage in question, rather than a purely internal process, such as the adoption of a business policy.

(2.) Pursuant to a narrower approach, the place where the direct cause of the violation of the legal interest was set shall be the event giving rise to the damage. In the case of CO2 reduction claims, like Milieudefensie et al. v. Shell, that place would be located (only) at the location of the emitting plants. This approach – while dogmatically stringent – may make it harder to determine responsibility in climate actions as it cannot necessarily be determined which plant led to the environmental damage, but rather the emission as a whole results in air pollution.

(3.) Therefore, some scholars are in favor of a focal point approach, according to which the event giving rise to the damage would be located at the place which led to the damage in the most predominant way by choosing one focal point out of several events that may have given rise to the damage. This approach is in line with the prevailing opinion regarding jurisdiction in international environmental damage claims under Art. 7 Nr. 2 Brussels I-bis Regulation. In practice, however, it may sometimes prove difficult to identify one focal point out of several locations of emitting plants.

(4.) Lastly, one could permit the victim to choose between the laws of several places where the events giving rise to the damage took place. However, if the victim were given the option of choosing a law, for example, of a place that was only loosely connected to the emissions and resulting damages, Art. 7 Rome II may lead to significantly less predictability.

3. Four-step-test: A possible way forward?

Bearing in mind these legal considerations, we propose the following interpretation of the event giving rise to the damage under Art. 7 Rome II:

First, as a starting point, the laws of the emitting plants which directly lead to the damage should be considered. However, in order to adequately mirror the legal and the factual situations, the laws of the emitting plants should only be given effect insofar as they are responsible for the total damage.

If there are several emitting plants, some of which are more responsible for greenhouse gas emissions than others, these laws should only be invoked under Art. 7 Rome II for the portion of their responsibility regarding the entire claim. This leads to a mosaic approach as adopted by the CJEU in terms of jurisdiction for claims of personality rights. This would give an exact picture of contributions to the environmental damage in question and would be reflected in the applicable law.

Second, in order not to give effect to a myriad of legal systems, this mosaic approach should be slightly moderated in the sense that courts are given the opportunity to make estimations of proportions of liability in order not to impose rigid calculation methods. For example, if a company operates emitting plants all over the world, the court should be able to roughly define the proportions of each plant’s contribution, so as to prevent potentially a hundred legal systems from coming into play to account for a percentile of the total emissions.

Third, as a fall-back mechanism, should the court not be able to accurately determine each plant’s own percentage of responsibility for the total climate output, the court should identify the central place of action in terms of the company’s environmental tort responsibility. This will usually be at the location of the emitting plant which emits the most CO2 for the longest period of time, and which has the most direct impact on the environmental damage resulting from climate change as proclaimed in the statement of claim.

Fourth, only as a last resort, should it not be possible to calculate the contributions to the pollution of each emitting plant, and to identify one central place of action out of several emitting plants, the event giving rise to the damage under Art. 7 Rome II should be located at the place where the business decisions are taken.

This proposal is discussed in further detail in the upcoming Volume 24 of the Yearbook of Private International Law.

How did things go with the EAPIL blog in 2022? The following statistics provide some answers.

About 315 posts have been published over the last twelve months. More than 80 of these consisted of reports of, or comments on, court rulings (we mostly covered rulings by the Court of Justice of the European Union, but we also dealt with rulings given by the European Court of Human Rights and by domestic courts). Some 40 posts were about new or contemplated normative texts. The remaining posts mostly concerned new scholarly works or upcoming academic events.

No less than 40 posts were authored by guests, rather than the blog’s permanent editors. The EAPIL blog aims to foster dialogue among anybody interested in private international law, so new inputs are always welcome! For inquiries and submissions, please write an e-mail to blog@eapil.org or to pietro.franzina@unicatt.it.

The aggregate number of visits and “unique visitors” has increased, compared with last year (+2,8% and +19%, respectively). Interaction with readers remained intense in 2022, as attested by the comments that the blog’s posts attracted (120 in total). The number of subscribers, i.e., those who asked to be notified of new posts, raised to 600, i.e., about 170 more than one year ago.

Our Twitter account and LinkedIn profile also witnessed an increase in interactions.

The three most read posts, among those published in 2022, were Jurisdictional Immunities: Germany v. Italy, Again, on the proceedings instituted by Germany against Italy before the International Court of Justice in April;  Humpty-Dumpty, Arbitration, and the Brussels Regulation: A View from Oxford, by Adrian Briggs, concerning the ruling of the Court of Justice in the case of London Steam-Ship Owners’ Mutual Assistance Association Ltd v Spain; and Marco Buzzoni’s CJEU Adds a New Piece to the ‘Mosaic’ in Gtflix Tv.

The posts that attracted the highest number of written comments were Martina Mantovani’s Notaries and EU PIL: Taking Stock of 5 Years of Case Law, Felix Wilke’s The Silent Death of Conflict-of-Law Provisions in EU Directives?, and Erik Sinander’s Danish Supreme Court: No Tort Liability under Danish Law for Green Desert Operation in Iraq.

Many thanks to all readers, guests and commenters for feeding the exchanges.

2023 will be a year of innovations regarding the blog – and, generally, the website – of the European Association of Private International Law (various improvements are currently being studied, and will be announced in due course). The support of the blog’s community will be more important than ever!

With all best wishes for the New Year from the editors!

Ronán Feehily authored International Commercial Mediation – Law and Regulation in Comparative Context, recently published by Cambridge University Press.

In this comprehensive comparative study, Ronán Feehily analyses the legal and regulatory issues surrounding international commercial mediation and discusses their implications in a range of settings. While existing literature tends to cover mediation in general, Feehily places the commercial mediation process in its legal and regulatory context, offering an original contribution to the field. The book identifies the controversies that arise from the mediation process across numerous jurisdictions and discusses them in detail. Comparing the mediation process in Europe, North America and Australia, as well as other common, civil and ‘mixed’ jurisdictions, Feehily demonstrates where systemic differences are transcended and where they are significant. Organised systematically and written in an accessible style, Feehily offers an international, holistic guide to the commercial mediation process.

More information available here.

Naivi Chikoc Barreda (University of Ottawa) authored a book titled Succession internationale et dispositions spéciales de la lex rei sitae – Contribution à l’étude de l’impérativité internationale en matière successorale, published by L’Harmattan.

The English summary reads as follows:

While the unity of the applicable law has unquestionably dominated the history of the harmonization of conflict rules in matters of succession, from the first Hague conventions drafts to Regulation (EU) No 650/2012, its scope has always been nuanced by the special rules of the lex situs. These derogatory provisions have borrowed several techniques of intervention. Initially associated with the public policy clause, their admissibility subsequently transited through a substantially oriented choice-of-law rule, before crystallizing in an atypical clause for the application of overriding mandatory provisions. 

These special rules challenge the conceptual premises of a pyramidal understanding of the “lois de police” built on the paradigm of the domestic mandatory rule. This first monograph on the subject proposes a reflection on the “contradictions” at the heart of the traditional notion of “lois de police”, confronted with the particularities of the succession concerning assets subject to economic, family or social purposes, the conservation of which is often ensured by substantive rules respecting the deceased’s individual autonomy.

The EAPIL blog goes on “Winter Break mode”, meaning that only few posts will be published over the next few days. But stay tuned: blogging will resume as usual on 9 January 2023.

We wish you all the best for the festive season!

The Court of Justice yesterday held, without Opinion AG (justifiably in my view), in Case C-98/22 Eurelec Trading Sarl, on yet again the interpretation of ‘civil and commercial’ to determine the scope of application of Brussels Ia.

The dispute in the main proceedings is between the Ministre français de
lʼÉconomie et des Finances and two Belgian companies: Eurelec, a pricing and purchasing negotiation centre founded by the French Leclerc group and the German Rewe group, and Scabel, which acts as an intermediary between Eurelec and the French and Portuguese regional purchasing centres of the Leclerc group. Two French undertakings are also parties to the dispute: the Leclerc groupʼ national purchasing centre which negotiates the annual framework contracts with the French suppliers (ʻGALECʼ) and the association of E Leclerc distribution centres (ʻACDLECʼ).

Following an investigation conducted between 2016 and 2018, the Economic Affairs and Finance Minister suspected that potentially restrictive practices were being implemented in Belgium by Eurelec in respect of suppliers established in France. The Minister brought an action against those four companies before the Paris courts,  seeking a declaration ia that the practices consisting in (i) requiring suppliers to accept Belgian law as lex contractus (said to circumvent French lois de police), and (ii) imposing seriously reduced returns, were abusive.

The French Government argue with reference to CJEU Movic that ʻacting in the general interest should not be confused with the exercise of public powersʼ, and that one should distinguish the inquiry stage from the judicial proceedings, in particular, that the criterion for applicability of the Brussels Ia Regulation is the use made of evidence and not the rules for collecting it.

The CJEU disagrees. [26] the claim is based on evidence procured during searches which an ordinary litigation party cannot make resort to, and [27] the procedure at issue involves ia an administrative (not a criminal) fine being sought, which is not a request than can be made by an ordinary civil party. [29] The procedure is one which follows from acta iure imperii, the exercise of public power. [29] CJEU Movic is distinguished for in that case no fine was being sought, merely an end to the restrictive practices as well as damages, which both are claims that can also be made by ordinary parties. The latter once again means that depending on what is included in a claim, BIa may or may not be engaged.

Geert.

European Private International Law, 3rd ed. 2021, paras 2.28 ff concluding at 2.65.

#CJEU yesterday C-98/22 Eurelec
French Finance Ministry's attempt to impose (civil) fines on Belgian corporation in action aimed at anti-competitive behaviour, is actum iure imperii, does not fall within scope of Brussels Ia 'civil and commercial' claimshttps://t.co/mdQ3EwGJ9z

— Geert Van Calster (@GAVClaw) December 23, 2022

Almost six years have passed since 18 January 2017, when Regulation (EU) No 655/2014 establishing a European Account Preservation Order (EAPO) procedure to facilitate cross-border debt recovery in civil and commercial matters became applicable in full.

A conference will be held in Milan, at the Catholic University of the Sacred Heart, on 3 March 2023, from 9.45 to 17, to discuss the operation of the EAPO Regulation in light of practice and case law.

Speakers include Gilles Cuniberti (University of Luxembourg), Elena D’Alessandro (University of Torino), Fernando Gascón Inchausti (Complutense University, Madrid), Katharina Lugani (Heinrich Heine University, Düsseldorf), Antonio Leandro (University of Bari), Raffaella Muroni (Catholic University of the Sacred Heart), Elena Alina Ontanu (Tilburg University), Carlos Santalò Goris (Max Planck Institute, Luxembourg), María Luisa Villamarín López (Complutense University, Madrid), and Caterina Benini (Catholic University of the Sacred Heart).

The conference will also offer an opportunity to present an article-by-article commentary of the EAPO Regulation, edited by Elena D’Alessandro and Fernando Gascón Inchausti, recently published by Edward Elgar in its Commentaries in Private International Law series. Augusto Chizzini (Catholic University of the Sacred Heart) and Luca Radicati di Brozolo (former professor of the Catholic University of the Sacred Heart, now partner at ArbLit, Milan) will exchange views on this work.

Some of the presentations will be delivered in English, others in Italian, with simultaneous interpretation.

Attendance is free, but prior registration is required. Details regarding registration will be provided in early January 2023, together with the detailed programme of the event.

For information, please write an e-mail to Pietro Franzina at pietro.franzina@unicatt.it.

Written by Mayela Celis

This year has been marked by the high number of EU instruments that have been adopted (and entered into force) or that have started to apply in the European Union, which are directly or indirectly related to the modernisation of the service of judicial and extrajudicial documents and the taking of evidence in civil or commercial matters.

These developments include three (full-fledged) regulations and two Commission implementing regulations. In addition, two Commission implementing decisions were adopted on 20 December 2022 concerning a related topic (i.e. e-CODEX). We have previously reported on this here and here. While the great number of EU instruments in this field and their interrelationship can be daunting to a non-European, they seem to provide a smooth and flexible way forward for EU Member States.

Undoubtedly, such legislative efforts attest to the commitment of EU institutions to modernise this area of Private International Law, in particular by making the electronic transmission of requests for service and the taking of evidence, as well as other communications, a reality at least from 2025 onwards (for more information, see below).

In my view, this goes beyond anything that currently exists among States (at any level) regarding judicial cooperation as the electronic transmission of requests for both service and the taking of evidence is usually done in a piecemeal approach or lacks the necessary security safeguards, including data protection.

On 1 July 2022 two recast Regulations started to apply in the European Union:

1. Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (recast). See, in particular, Articles 5 (means of communication), 6, 19 (electronic service), 25, 27 and 28;
2. Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) (recast). See, in particular, Articles 7 (transmission), 8, 12(4), 19 (direct taking of evidence), 20 (videoconferencing), 25, 27 and 28.

These two regulations modernise this field in two distinctive ways.

First and foremost these regulations contain provisions dealing with the means of communication to be used by transmitting agencies, receiving agencies, courts and central bodies through a secure and reliable decentralised IT system. This primarily intends to replace the cumbersome paper transmission of requests and other documents and in this way, speed up proceedings.

For those of you who are wondering what a “decentralised IT system” is, please note that it has been defined in both recast versions as a “network of national IT systems and interoperable access points, operating under the individual responsibility and management of each Member State, that enables the secure and reliable cross-border exchange of information between national IT systems”.

Secondly, these regulations provide for the actual service by electronic means and the taking of evidence by videoconferencing or other distance communications technology. The Service Regulation has included a provision regarding electronic service of documents by allowing this to take place by means of qualified electronic registered delivery services (see EU Regulation (EU) 910/2014) or by email, both requiring (thankfully and rightfully, I must note) the prior express consent of the addressee; on the other hand, the Evidence Regulation provides for the direct taking of evidence by videoconferencing or other distance communication technology.

With respect to the implementation of the decentralised IT system, two Commission Implementing Regulations were adopted and entered into force in 2022:

1. Commission Implementing Regulation (EU) 2022/423 of 14 March 2022 laying down the technical specifications, measures and other requirements for the implementation of the decentralised IT system referred to in Regulation (EU) 2020/1784 of the European Parliament and of the Council;
2. Commission Implementing Regulation (EU) 2022/422 of 14 March 2022 laying down the technical specifications, measures and other requirements for the implementation of the decentralised IT system referred to in Regulation (EU) 2020/1783 of the European Parliament and of the Council.

It should be noted that the decentralised IT system as an obligatory means of communication to be used for the transmission and receipt of requests, forms and other communication will start applying from 1 May 2025 (the first day of the month following the period of three years after the date of entry into force of the Commission Implementing Regulations above-mentioned).

Interestingly, Recital 3 of the Commission Implementing Regulations indicates that “[t]he decentralised IT system should be comprised of the back-end systems of Member States and interoperable access points, through which they are interconnected. The access points of the decentralised IT system should be based on e-CODEX.” Designating e-CODEX as the system on which access points should be based is in my view a breakthrough, given the apparent ambivalent feelings of some regarding such system.

The Annexes of these Commission Implementing Regulations provide more information as to the specificities of the system and indicate that:

• “The Service of Documents (SoD) exchange system is an e-CODEX based decentralised IT system that can carry out exchanges of documents and data related to the service of documents between the different Member States in accordance with Regulation (EU) 2020/1784. The decentralised nature of the IT system would enable data exchanges exclusively between one Member State and another, without any of the Union institutions being involved in those exchanges.”

• “The Taking of Evidence (ToE) exchange system is an e-CODEX based decentralised IT system that can carry out exchanges of documents and messages related to the taking of evidence between the different Member States in accordance with Regulation (EU) 2020/1783. The decentralised nature of the IT system would enable data exchanges exclusively between one Member State and another, without any of the Union institutions being involved in those exchanges.”

This takes us to the new EU instruments relating to e-CODEX.

As a matter of fact, a brand-new Regulation on e-CODEX has entered into force this year:

• Regulation (EU) 2022/850 of the European Parliament and of the Council of 30 May 2022 on a computerised system for the cross-border electronic exchange of data in the area of judicial cooperation in civil and criminal matters (e-CODEX system), and amending Regulation (EU) 2018/1726 (Text with EEA relevance).

This regulation explains e-CODEX in detail and specifies that the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) will take over the administration of e-CODEX.

In particular, I would like to highlight Recitals 7 and 8 of the Regulation (EU) 2022/850, which explain what e-CODEX is and which read as follows:

“(7) The e-CODEX system is a tool specifically designed to facilitate the cross-border electronic exchange of data in the area of judicial cooperation in civil and criminal matters. In the context of increased digitalisation of proceedings in civil and criminal matters, the aim of the e-CODEX system is to improve the efficiency of cross-border communication between competent authorities and to facilitate citizens’ and businesses’ access to justice. Until the handover of the e-CODEX system to the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), established by Regulation (EU) 2018/1726 of the European Parliament and of the Council, the e-CODEX system will be managed by a consortium of Member States and organisations with funding from Union programmes (the ‘entity managing the e-CODEX system’).”

“(8) The e-CODEX system provides an interoperable solution for the justice sector to connect the IT systems of the competent national authorities, such as the judiciary, or other organisations. The e-CODEX system should therefore be viewed as the preferred solution for an interoperable, secure and decentralised communication network between national IT systems in the area of judicial cooperation in civil and criminal matters.”

As previously indicated, two Commission Implementing Decisions have been adopted this week:

• Commission implementing decision (EU) …/… of 20.12.2022 on the technical specifications and standards for the e-CODEX system, including for security and methods for integrity and authenticity verification;
• Commission implementing decision (EU) …/… of 20.12.2022 on the specific arrangements for the handover and takeover process of the e-CODEX system.

The Annexes of the Commission Implementing Decisions are particularly interesting as they provide all the specificities of the system and its handover.

All in all this looks very promising to the long-awaited modernisation of this field in the European Union.

 

Udlændingenævnet (Examen linguistique imposé aux étrangers)
Libre circulation des personnes
La législation danoise subordonnant le regroupement familial entre un travailleur turc résidant légalement au Danemark et son conjoint à la condition que ce travailleur réussisse un examen attestant d’un certain niveau de connaissance du danois constitue une « nouvelle restriction » illégale

Udlændingenævnet (Examen linguistique imposé aux étrangers)
Libre circulation des personnes
La législation danoise subordonnant le regroupement familial entre un travailleur turc résidant légalement au Danemark et son conjoint à la condition que ce travailleur réussisse un examen attestant d’un certain niveau de connaissance du danois constitue une « nouvelle restriction » illégale

Udlændingenævnet (Examen linguistique imposé aux étrangers)
Libre circulation des personnes
La législation danoise subordonnant le regroupement familial entre un travailleur turc résidant légalement au Danemark et son conjoint à la condition que ce travailleur réussisse un examen attestant d’un certain niveau de connaissance du danois constitue une « nouvelle restriction » illégale

Airbnb Ireland et Airbnb Payments UK
Location immobilière de courte durée : le droit de l’Union ne s’oppose ni à l’obligation de collecte d’information ni à la retenue d’impôt par un régime fiscal national
Short-term property rentals: EU law does not preclude the requirement to collect information or to withhold tax under a national tax regime

Airbnb Ireland et Airbnb Payments UK
Location immobilière de courte durée : le droit de l’Union ne s’oppose ni à l’obligation de collecte d’information ni à la retenue d’impôt par un régime fiscal national
Short-term property rentals: EU law does not preclude the requirement to collect information or to withhold tax under a national tax regime

Airbnb Ireland et Airbnb Payments UK
Location immobilière de courte durée : le droit de l’Union ne s’oppose ni à l’obligation de collecte d’information ni à la retenue d’impôt par un régime fiscal national
Short-term property rentals: EU law does not preclude the requirement to collect information or to withhold tax under a national tax regime

EUROAPTIEKA
Rapprochement des législations
La législation lettone qui interdit la publicité pour des médicaments axée sur les prix, sur des offres promotionnelles ou sur des ventes combinées de médicaments et d’autres produits est compatible avec le droit de l’Union

EUROAPTIEKA
Rapprochement des législations
La législation lettone qui interdit la publicité pour des médicaments axée sur les prix, sur des offres promotionnelles ou sur des ventes combinées de médicaments et d’autres produits est compatible avec le droit de l’Union

EUROAPTIEKA
Rapprochement des législations
La législation lettone qui interdit la publicité pour des médicaments axée sur les prix, sur des offres promotionnelles ou sur des ventes combinées de médicaments et d’autres produits est compatible avec le droit de l’Union

Generalstaatsanwaltschaft München (Demande d’extradition vers la Bosnie-Herzégovine)
L’extradition d’un citoyen de l’Union vers un État tiers pour y subir une peine peut être justifiée pour éviter le risque d’impunité

Generalstaatsanwaltschaft München (Demande d’extradition vers la Bosnie-Herzégovine)
L’extradition d’un citoyen de l’Union vers un État tiers pour y subir une peine peut être justifiée pour éviter le risque d’impunité

Generalstaatsanwaltschaft München (Demande d’extradition vers la Bosnie-Herzégovine)
L’extradition d’un citoyen de l’Union vers un État tiers pour y subir une peine peut être justifiée pour éviter le risque d’impunité