Agrégateur de flux

Cour d'appel de Lyon, chambre de l'instruction, 23 février 2016

Espagne / Commission
Agriculture
La Cour confirme que le marquage des agrumes indiquant les agents conservateurs et autres substances chimiques utilisés en traitement post-récolte est obligatoire

Daimler
Rapprochement des législations
Les anciens réparateurs agréés de Daimler ne sont pas responsables des annonces qui, malgré leurs efforts pour en obtenir la suppression, continuent d’associer leur nom avec la marque « Mercedes-Benz » sur Internet

On 17 March 2016 the Luxembourg Chamber of Commerce will host a conference titled The Luxembourg banker and private international law, organised by the Luxembourg Association of Banking Law Lawyers.

Speakers include Marie-Elodie Ancel (Univ. Paris-Est Créteil), Gilles Cuniberti (Univ. Luxembourg), Michèle Grégoire (Univ. Brussels), Patrick Kinsch (Univ. Luxembourg) and Grégory Minne (Univ. Luxembourg).

The program of the conference is available here.

L’absence, dans la décision prise par le juge d’instruction, de motifs justifiant la perquisition et décrivant l’objet de celle-ci, prive le bâtonnier de l’information qui lui est réservée et interdit tout contrôle réel et effectif de cette mesure par le juge des libertés et de la détention éventuellement saisi. Elle porte nécessairement atteinte aux intérêts de l’avocat concerné.

En carrousel matière:  Oui Matières OASIS:  Perquisition, saisie, visite domiciliaire Ministère public

en lire plus

Pourvoi c/ Cour d'appel de Lyon, chambre sociale A, 29 septembre 2015

Statut collectif du travail

As I have reported before, English practice is to continue using anti-suit injunctions outside of the Brussels I Regulation, in particular to support arbitration. Recent application was made in Crescendo Maritime, restraining litigation in China. Teare J confirmed among others (per Toepfer v Cargill) that forum non conveniens (Chine was the natural forum for litigation in ordinary) has little relevance in the context of arbitration clauses.

Kennedys have background to the case (essentially, backdating of a shipbuilding contract to avoid newly introduced international rules on tank coatings). The considered use of anti-suit once again underlines the importance of tools of civil procedure to support global arbitration practices.

Geert.

Tu, Guangjian, Private international law in China, Springer, 2016, pp. XI+192, ISBN: 9789812879929, Euro 83,19.

[Dal sito dell’editore] – This book provides a systematic elaboration of Chinese Private International Law, reveals the general techniques concerning conflict of laws in China, explains the detailed Chinese conflict rules for different areas of law, and demonstrates how international civil litigation is pursued in China. Clearly structured and written by a native Chinese scholar specializing in the field, the book’s easy-to-read style makes it accessible to a broad readership, while its content makes it a useful reference guide, especially for jurists and researchers.

Ulteriori informazioni sono reperibili qui.

La condamnation du magazine Choc à occulter la photographie du jeune homme séquestré et torturé, qui était justifiée par des motifs pertinents et suffisants, proportionnée au but légitime poursuivi et nécessaire dans une société démocratique, n’a pas enfreint l’article 10 de la Convention européenne.

En carrousel matière:  Oui Matières OASIS:  Vie privée

en lire plus

Alo
Espace de liberté, sécurité et justice
La Cour de justice se prononce sur les relations entre la liberté de circulation des bénéficiaires d’une protection internationale et les mesures visant à faciliter leur intégration

National Iranian Oil Company / Conseil
Relations extérieures
La Cour confirme le gel des fonds de la National Iranian Oil Company pour la période allant du 16 octobre 2012 jusqu’à la levée de son inscription le 16 janvier 2016

EGL e.a. / Commission
Concurrence
Le Tribunal maintient les amendes infligées par la Commission à plusieurs sociétés pour leur participation à l’entente dans le secteur des services de transit international aérien

Against the backdrop of the CJEU’s judgment in Kolassa (Case C-375/13, see here and here for previous posts), Matthias Lehmann has written an article that is forthcoming in the August issue of the Journal of Private International Law. The article can be downloaded here.

The abstract reads as follows:

In its Kolassa judgment, the CJEU has for the first time decided which national court in the EU has jurisdiction for claims against an issuer of securities based on an allegedly false prospectus. This contribution analyses this fundamental and at the same time ambiguous ruling.

The ruling’s most important part concerns tort jurisdiction, in particular the identification of the place where loss is suffered by the investor. The court’s mixture between the domicile of the investor and the location of the bank that manages his account is unsatisfying and leads to problems, which will be analysed. With regard to the place of conduct, the decision will be criticized for hesitating between four different connecting factors, the relation of which among each other remains unclear. Moreover, this contribution argues that prospectus liability never falls under the consumer provisions or the contractual head of jurisdiction in the Brussels I(a) Regulation because such liability is delictual in nature. Contrary to the CJEU’s assumption, the particularities of the securities holding system do not play any role in the determination of the competent court.

Finally, it will be shown that the judgment is not limited to the determination of the competent court, but also affects the governing law for prospectus cases. It will be argued that the consequences of the Kolassa judgment under the Rome II Regulation are so drastic that a legislative reform of this Regulation has become necessary.

Emploi

This post has been written by Ilaria Aquironi.

After nearly three years of negotiations, the time apparently has come for the adoption of a regulation aimed at simplifying the requirements for presenting certain public documents in the European Union (the initial proposal may be found here).

The regulation aims at promoting the free movement of EU citizens (a) by facilitating the circulation within the European Union of certain public documents (those regarding, inter alia, birth, death, marriage, legal separation and divorce, registered partnership, adoption, parenthood), as well as their certified copies, and (b) by simplifying other formalities, such as the requirement of certified copies and translations of public documents.

Here’s a summary of the key developments occurred over the last two years.

In February 2014, the European Parliament adopted its position at first reading on the proposed regulation. In June 2015, the Council approved, as a general approach, a compromise text (contained in document 6812/15 and its annex I, in combination with document n. 3992/15, and annexes I, II and III here) and further agreed that it should constitute the basis for future negotiations with the European Parliament.

In October 2015, an agreement was reached between the Council and the European Parliament on a compromise package; the agreement was then confirmed  by COREPER and the compromise package was endorsed by the European Parliament’s Committee on Legal Affairs.

The Chair of the latter Committee addressed a letter to the Chair of COREPER II to inform him that, should the Council formally transmit its position to the European Parliament in the form presented in the Annex to that letter, he would recommend to the plenary that the Council’s position be accepted without amendment, subject to legal-linguistic verification, at the European Parliament’s second reading.

In December 2015, the Council adopted a political agreement on the compromise package and instructed the Council’s legal-linguistic experts to proceed with the revision of the text.

The text resulting from the revision carried out by the legal-linguistic experts can be found here (Council document No 14956/15 of 25 February 2016).

The Council is expected to discuss the adoption of its position at first reading on 10 and 11 March 2016.

Determining whether a legal relationship is one in tort, for the purposes of (now) Article 7(2) of the Brussels I Recast Regulation, is in principle subject to autonomous interpretation. National law ought not to feature (emphasised ia in Melzer). In the Brussels I Regulation, Article 5(3) features alongside Article 5(1)’s jurisdictional rule for contract. (In the Recast Regulation, Artt 7(1 and (2)). Sometimes, as in Brogsitter, both are present between two contractual parties and one needs to be separated from the other. In Kalfelis, the CJEU defined ‘tort’ as ‘all actions which seek to establish the liability of a defendant and which are not related to a “contract” within the meaning of Article 5(1).‘

Tobias Lutzi’s review is very useful in reminding us of the need to distinguish the two tracts of the Kalfelis definition. Just focusing on Brogsitter might lead one into thinking that Article 5(1) and 5(3) [7(1) /7(2)] ‘dovetail’: i.e. if it is not the one, it is the other (with tort being the subordinate category). That is however clearly not the case: that it may have looked like this in Brogsitter is due to liability being present in any case: the issue was there where contractual liability stops and liability in tort takes over.

Article 5(3) therefore requires an ‘action which seeks to establish the liability of a defendant’ which leads the Advocate General here into lengthy review of the Austrian implementation of EU law on copyright levies. With respect, I do not think that is what is either called for or justified. Article 5(3) requires an autonomous, EU interpretation. Too much interference of national law spoils that broth – a point also made in Melzer. Moreover the application of the jurisdictional categories is just that: it determines jurisdiction only. Once that settled, the national courts regain their authority to requalify and indeed may still decide that there is no liability in tort (or contract, as the case may be) at all, but rather one in contract (or tort, as the case may be) or indeed none at all.

I feel Sharpston AG’s centre of gravity etc. modus operandi, suggested by her re distinguishing between Rome I and II in Ergo but (probably) not accepted by the Court, would have come in handy at the jurisdictional level in Austro Mechana, too.

The CJEU’s judgment here is one to look out for.

Geert.

 

 

 

After nearly three years of negotiations, the time apparently has come for the adoption of a regulation aimed at simplifying the requirements for presenting certain public documents in the European Union (the initial proposal may be found here).

The regulation aims at promoting the free movement of EU citizens (a) by facilitating the circulation within the European Union of certain public documents (those regarding, inter alia, birth, death, marriage, legal separation and divorce, registered partnership, adoption, parenthood), as well as their certified copies, and (b) by simplifying other formalities, such as the requirement of certified copies and translations of public documents.

Here’s a summary of the key developments occurred over the last two years.

In February 2014, the European Parliament adopted its position at first reading on the proposed regulation. In June 2015, the Council approved, as a general approach, a compromise text (contained in document 6812/15 and its annex I, in combination with document n. 3992/15, and annexes I, II and III here) and further agreed that it should constitute the basis for future negotiations with the European Parliament.

In October 2015, an agreement was reached between the Council and the European Parliament on a compromise package; the agreement was then confirmed  by COREPER and the compromise package was endorsed by the European Parliament’s Committee on Legal Affairs.

The Chair of the latter Committee addressed a letter to the Chair of COREPER II to inform him that, should the Council formally transmit its position to the European Parliament in the form presented in the Annex to that letter, he would recommend to the plenary that the Council’s position be accepted without amendment, subject to legal-linguistic verification, at the European Parliament’s second reading.

In December 2015, the Council adopted a political agreement on the compromise package and instructed the Council’s legal-linguistic experts to proceed with the revision of the text.

The text resulting from the revision carried out by the legal-linguistic experts can be found here (Council document No 14956/15 of 25 February 2016).

The Council is expected to discuss the adoption of its position at first reading on 10 and 11 March 2016.

On 12 and 13 of May 2016 the Academy of European Law will host in Trier a seminar on Cross border insolvency proceedings.

Speakers include Stefania Bariatti (Univ. Milan), Anna Gardella (European Banking Authority, London), Francisco Garcimartín Alferez (Autonomous Univ. of Madrid).

The program of the seminar is available here. For further information, see here.

The American Society of International Law Private International Law Interest Group (ASIL PILIG) is sponsoring a webinar entitled “The Nature or Natures of Agreements on Choice of Court and Choice of Law.” The session, which is free but requires a reservation, will take place on Wednesday, March 2, at 11:30 am Eastern time (10:30 am Central, 8:30 am Pacific) and features two giants of private international law – Professor Adrian Briggs of the University of Oxford and Professor Symeon Symeonides of Willamette University.

ASIL’s description of the event is as follows:

To judge from judicial decisions over the last 20 years, the English common law version of private international law has come to treat agreements on choice of court as contractual agreements that will be enforced in almost exactly the same way as any other bilateral contractual agreement. This had led the courts to some conclusions, particularly in the context of remedies against breach, which look surprising as features in the landscape of private international law. But this narrow contractual focus, which takes it for granted that agreements on choice of court are promissory terms of a contract, liable to be enforced as such, has blinded lawyers to the possibility of viewing them as (multiple) unilateral notices. But Regulation (EU)1215/2012, otherwise known as the Brussels I Regulation, provides the basis for one alternative understanding of what is involved in making an agreement on choice of court.

When it comes to (agreements on) choice of law, the English courts have managed to avoid having to decide whether such terms in a contract are promissory in nature. The idea that they may be non-promissory terms has yet to be worked through; but it may provide a more satisfactory basis for providing answers than the alternative, that they are promissory terms.

Attendees can download papers and register here. The aim of the discussion will therefore be to consider the nature or natures of agreements on choice of court and on choice of law.