Agrégateur de flux

In Koninklijke Philips NV v Tinno Mobile Technology Corporation & Ors [2020] EWHC 2553 (Ch) Mann J considers the English side of a licence on  ‘FRAND’ (fair, reasonable and non-discriminatory) terms.  In these English proceedings Philips seek inter alia, a declaration that the terms it has offered are FRAND, or alternatively that FRAND terms be determined. Its injunction claim accepts that the injunction will only come into force if a worldwide FRAND licence is not accepted by TCL, one of the defendants who is seeking the licence. TCL have commenced proceedings in France which, inter alia, seem to seek to have FRAND terms determined. Philips attempted to have those proceedings stayed pursuant to Article 29 Brussels Ia, but that attempt failed, as did an application for a stay under Article 30 BIa. In turn, not surprisingly, TCL seek a stay of the English proceedings, including, crucially, the vacation of a trial date in November which is intended to determine FRAND issues, in favour of its French proceedings pursuant to the same Articles 29 and/or 30 Brussels Ia.

Philips’ claim form says it is for infringement of two of its European patents, corresponding injunction (prohibiting further infringement) and damages or an account of profits, and other ancillary relief.

At 49 in assessing the impact of the French judgment and the scope of its res judicata, Mann J justifiable refers to C-456/11 Gothaer, that it is not just the ‘dispositif’ of a judgment which has res judicata, but also the core reasoning: at 40 of the CJEU judgment: ‘the concept of res judicata under European Union law does not attach only to the operative part of the judgment in question, but also attaches to the ratio decidendi of that judgment, which provides the necessary underpinning for the operative part and is inseparable from it …’

His enquiry of the dispositif and the French judge’s reasoning as well as, to a certain extent, the submissions of the parties, leads Mann J to conclude that the French judge did not hold that the French court was first seized of FRAND proceedings. Instead, she held that the proceedings in England and the proceedings in France did not (for the purposes of A29) have the same subject matter. That means that the question of first seised became irrelevant.

Mann J then holds himself that the English court was first seized of the FRAND issue and consequently has no power under A30 BIa to stay its proceedings. It was suggested in vain by counsel for the defendants that Articles 29 and 30 are not acte clair on the point of new actions arising in an existing action, given a distinction between the word “proceedings” in Article 29 and “actions” in Article 30 at least in the English version of those Articles.

The jurisdictional challenge was rejected and the relief granted. Geert. (Handbook of) European Private International Law – 2nd ed. 2016, Chapter 2, Heading 2.2.14.5. Third edition forthcoming February 2021. https://twitter.com/GAVClaw/status/1309481362186031105

Vendredi 16 octobre, la cour d’assises de Paris a condamné un homme de 88 ans à quatre ans d’emprisonnement avec sursis, pour le meurtre de son épouse, commis dans la nuit du 24 au 25 avril 2017. Une peine clémente qui sanctionne un geste de désespoir. Face à la déchéance de sa femme atteinte de la maladie, il voulait mettre fin à leur « commune souffrance ».

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Non lieu à renvoi

Peines

Action civile

Questions préjudicielles

Me Julien Andrez, avocat de Jacques Lebigre, a déposé ce mardi une requête en récusation contre la présidente de la 32e chambre du correctionnel de Paris, car son fils avocat a défendu une personne en lien avec des acteurs du dossier des « achats de votes » à Corbeil-Essonnes.

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A free webinar on Access to Justice in cross-border Litigation: Lugano v. the Hague will take place on 27 October 2020, at 12.00 CET, organised by the UK Law Societies Joint Brussels Office.

The webinar aims at exploring the implications of the UK leaving the EU system of enforcement and recognition of judgments in civil and commercial matters on access to justice for citizens.

In particular, the speakers will examine what the future relationship of the UK and EU regarding the enforcement of judgments in civil and commercial matters will look like under both the Lugano Convention and alternatively, The Hague Judgments Convention. The panel will discuss the consequences of both scenarios on citizens and businesses.

The panellists are Philip Thorsen (Partner at Mazanti-Andersen Korso Jensen, Copenhagen), Christopher Deacon (Partner at Stewart & Stewart, London) and Guido Callegari (Partner at De Berti Jacchia Franchini Forlani, Milan).

The discussion will be moderated by Diana Wallis (University of Hull, former President of the European Law Institute and former Vice-president of the European Parliament).

More details and advance registration here.

A quick note for archival purposes on the French Supreme Court judgment earlier this month in which it upheld the lower courts’ decision (which had been reversed upon appeal) that European Convention rights do not trump the impossibility under English law, which is the law under which the claimant had been adopted, for the adopted to confirm descent from both the adopted parents and the biological father.

It is important to keep in mind the specific circumstances of the case in which the Supreme Court let the stability of family relations prevail over ECHR rights. The adoption went back to 1966 (the UK birth to 1958). The true identity of the father seemingly had always been known to the applicant. The mother (1963) and the suspected biological father (2011)  have passed away, the real issue would seem to be inheritance related.

Geert.

 

Interesting French supreme court judgment upholding finding under applicable English law that descendance following adoption trumps later attempt to establish blood descendance
Preference for stability of family relations found not to infringe adopted's A8 #ECHR rights @ECHR_CEDH https://t.co/Gtht0d8YgH

— Geert Van Calster (@GAVClaw) October 15, 2020

Pourvoi c/ Premier président près la Cour d'appel de Bordeaux, 28 janvier 2020

Pourvoi c/ Cour d'appel de Lyon, 5 mars 2020