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The European Association of Private International Law
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The CJEU on the Breach of a Jurisdiction Clause as a Ground for Non-Recognition of a Judgment

mer, 05/08/2024 - 08:00
On 21 March 2024, the CJEU delivered its judgment in case C-90/22, Gjensidige.  The case is concerned with two main issues. The first one is the interplay between the CMR and the Brussels I bis Regulation regarding their respective provision on choice of court agreement. Based on Article 31, read in conjunction with Article 41, […]

Digital Transformation and Private International Law

mar, 05/07/2024 - 08:00
On 14 and 15 February 2025, the 5th Conference for Young Researchers in Private International Law will take place at the University of Heidelberg. The topic of the conference will be Digital transformation and Private International Law – Local Connections in Boundless Spaces. Christiane Wendehorst (University of Vienna) will deliver the conference’s keynote lecture. The organizing […]

English Court Refuses to Enforce Russian Exclusive Jurisdiction Agreements

lun, 05/06/2024 - 08:00
English courts are renowned for upholding party autonomy. However, a recent judgment in Re Russian Aircraft Operator Policy Claims (Jurisdiction Applications) [2024] EWHC 734 (Comm) (Henshaw J, 28 March 2024) demonstrates their reluctance to give effect to Russian jurisdiction agreements in the current climate. Facts The claimants are owners, lessors, financing banks and managers of […]

Second Postgraduate Law Conference of the Aberdeen Centre for PIL

ven, 05/03/2024 - 08:00
On 6 May 2024, the Centre for Private International Law (CPIL) of the University of Aberdeen will host its Second Postgraduate Law Conference on-line. The conference consists of four panels dealing, respectively, with private international law aspects of international family law, AI and cross-border legal issues, international civil and commercial law, and private international law […]

Erik Jayme (1934-2024)

jeu, 05/02/2024 - 18:00
The editors of the blog of the European Association of Private International Law are sad to learn of the passing away of Erik Jayme. He would have turned 90 in a few weeks. Erik Jayme’s work, spanning over six decades, has had a distinctive influence on the renewal of private international law discourse. Among many […]

May 2024 at the Court of Justice of the European Union

jeu, 05/02/2024 - 13:00
On 7 May 2024, Advocate General J. Richard de la Tour will deliver his Opinion in case C-4/23, Mirin. I reported on this case related to the recognition of changes on civil status of a European citizen with dual nationality on the occasion of the hearing last January. For the record, here are the questions […]

New Book on Tort Litigation against Transnational Corporations

jeu, 05/02/2024 - 08:00
A new book titled Tort Litigation against Transnational Corporations has been published in the Oxford University Press Private International Law series. The author, Ekaterina Aristova, is Leverhulme Trust Early Career Fellow at the Bonavero Institute of Human Rights at the University of Oxford. The description of the book on the publisher’s website reads as follows: […]

The Court of Justice on the Subrogation of Forum Selection Clauses

mar, 04/30/2024 - 13:00
Whether a third party remains bound by a forum selection clause after acquiring a bill of lading is a matter for the court handling the case, governed by its private international law. Therefore, the ‘new’ conflict-of-laws rule in Article 25 of the Brussels I bis Regulation, whereby the court of a Member State, chosen by […]

The Energy Charter Treaty and Dispute Resolution Mechanisms

mar, 04/30/2024 - 08:00
The International Hellenic University in Thessaloniki will host on 5 October 2024 a conference on The Energy Charter and Dispute Resolution Mechanisms, organised in cooperation with the University of Cyprus. The event aims to provide a platform for scholars, practitioners, policymakers, and industry experts to explore and discuss critical issues surrounding the Energy Charter and the […]

Final Vote at the European Parliament on the Corporate Sustainability Due Diligence Directive

lun, 04/29/2024 - 08:00
On 24 April 2024, the European Parliament adopted a legislative resolution on the proposal for a directive on corporate sustainability due diligence, in light of the positive outcome of the negotiations with the Council (see this post on the deal struck in March 2024 at Council level). The adoption of the resolution marks the end […]

Revolidis on Collective Redress in Environmental Matters

ven, 04/26/2024 - 09:07
Ioannis Revolidis, Lecturer at the L-Università ta’ Malta (UM), has published an article titled Collective Redress in Environmental Matters – A Private International Law Perspective Through the Lens of the Dieselgate Scandal, which can be downloaded here. The Dieselgate emissions scandal, which surfaced in 2015, implicated several European car manufacturers found to have installed software […]

New Handbook on Judicial Cooperation in Civil Matters

jeu, 04/25/2024 - 10:20
A new handbook titled European Judicial Cooperation in Cross-Border Litigation, edited by Paolo Biavati and Michele Angelo Lupoi, has just been published by Bologna University Press. The blurb reads as follows: There is an increasing amount of European legislation in procedural matters, with which legal practitioners from EU member States (and beyond) must deal on […]

How Can Gamblers Get Their Winnings? Not Under Article 6 of Rome I!

mer, 04/24/2024 - 08:00
Sometimes You Lose, Sometimes You Win I have reported about Austrian customers’ attempts to recover their losses from Maltese online casinos and the resulting conflict of jurisdiction previously. Yet sometimes the customer actually wins! And – surprise, surprise – the online casinos refuse to pay out by invoking the prohibition of gambling under the Austrian […]

New Book on the Brussels II-ter

mar, 04/23/2024 - 08:00
A new book titled Brussels II-ter – Cross-border Marriage Dissolution, Parental Responsibility Disputes and Child Abduction in the EU has been published by Larcer-Intersentia. The authors of the book are Nigel Lowe (Cardiff University), Constanza Honorati (Milano-Bicocca University) and Michael Hellner (Stockholm University). The description of the book at the publisher’s website reads as follows. […]

CJEU Rules on Jurisdiction against Defendant Previously Domiciled in the EU

lun, 04/22/2024 - 08:00
On 11 April 2024, the CJEU delivered its judgment in case C-183/23, Credit Agricole Bank Polska. The case was concerned with a consumer who was previously domiciled in a Member State, but who had relocated to an unknown location. It raised the issue of the territorial scope of the Brussels I bis Regulation. The CJEU confirms its […]

Fourth Seminar on the Recast of the Brussels I bis Regulation

ven, 04/19/2024 - 08:00
As announced in a previous post, a seminar series on the recast of Brussels I bis Regulation, is taking place during the 2023-2024 academic year, both in Paris at the Cour de cassation and online (in French), under the scientific coordination of Marie-Elodie Ancel (University of Paris-Panthéon-Assas) and Pascal de Vareilles-Sommières (University of Paris 1 Panthéon-Sorbonne). The fourth seminar will […]

X Congress of Private International Law at the Carlos III University of Madrid

jeu, 04/18/2024 - 08:00
As announced in a previous post, the tenth Congress of Private International Law of the Carlos III University of Madrid will take place on 16 and 17 May 2024. It will be devoted to the recognition and enforcement of decisions in the area of family law and other procedural issues. The speakers include Esperanza Castellanos […]

Rotterdam District Court on Provisional Measures in Relation to Property Rights

mer, 04/17/2024 - 08:00
In a judgment of 20 February 2024, the Rotterdam District Court awarded a provisional measure in relation to the transfer of property rights regarding a property situated in Spain on condition that proceedings on the merits would be initiated by the claimant before the competent Spanish court. Facts A person identified in the case as […]

SLAPPs Directive Published in the Official Journal

mar, 04/16/2024 - 17:00
On 16 April 2024, Directive (EU) 2024/1069 of the European Parliament and of the Council of 11 April 2024 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings (‘Strategic lawsuits against public participation’) has been published in the Official Journal of the European Union. Pursuant to Article 21, […]

Linton on Recognition and Enforcement of Foreign Judgments in Commercial Matters

mar, 04/16/2024 - 08:00
Marie Linton (Uppsala University) has kindly prepared this presentation of her recent book titled ‘Erkännande och verkställighet av utländska domar i förmögenhetsrätt‘ (Recognition and Enforcement of Foreign Judgments in Commercial Matters), published by Norstedts Juridik 2023. What is the significance of a foreign judgment in Sweden? Is the judgment effective? Can assets in Sweden be seized […]

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