Agrégateur de flux

Every year, a group of 11 universities coordinated by Bettina Heiderhoff (University of Münster, Germany) brings together PhD candidates for a set of seminars through the Programme in European Private Law for Postgraduates (PEPP). The papers presented during the 22/23 session have now been published open access in a volume entitled ‘EU (and) Private International Law. Societal Changes and Legal Challenges’, edited by Bettina Heiderhoff and Ilaria Queirolo.

Reflecting the broad scope of the programme, the volume features an impressive collection of 14 essays on topics ranging from CSDDD & forum necessitatis (Clara Pastorino), the Hague Judgments Convention & third states (Guglielmo Bonacchi), and the relationship between PIL and Mediation (Christopher Reibetanz) to Neo-Cultural Imperialism in Cross-Border Trade Law (Stefano Dominelli).

The full book is available here.

 

En permettant aux candidats irrégulièrement évincés de solliciter l’indemnisation de la perte de chance de participer à la procédure, la Cour de justice de l’Union européenne semble mettre à mal le régime jusqu’alors établi en droit interne.

Sur la boutique Dalloz Code de la commande publique 2024, annoté et commenté Voir la boutique Dalloz

en lire plus

Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite (Statut de réfugié - Apatride d’origine palestinienne)
Espace de liberté, sécurité et justice
Les apatrides d’origine palestinienne enregistrés auprès de l’UNRWA doivent, en principe, se voir attribuer le statut de réfugié si la protection ou l’assistance de l’UNRWA est considérée comme ayant cessé

Commission / Hongrie (Accueil des demandeurs de protection internationale II)
Droit institutionnel
Politique d’asile : la Hongrie est condamnée à payer une somme forfaitaire de 200 millions d’euros et une astreinte de 1 million d’euros par jour de retard pour ne pas avoir exécuté un arrêt de la Cour de justice

INTRODUCTION A UK third-party costs order [henceforth: TPCO] is a totally unknown procedural concept in Greece.  In the course of exequatur proceedings, the Piraeus first instance court and the Piraeus court of appeal were called to examine the issue for the first time in Greece, both declaring that no obstacles, especially those intertwined with procedural […]

A new book entitled Cross-Border Insolvency Proceedings Policies and Directives in the European Union written by assoc. prof. Remigijus Jokubauskas has just been published by Routledge.

The following blurb has been provided by the author:

Cross-border insolvency law is a branch of private international law which addresses the needs of national insolvency proceedings when they cross the national boundaries of a state. In the European Union (EU) law cross-border insolvency holds significant importance in ensuring the smooth operation of the internal market and exercise of the fundamental freedoms. Also, it provides the mechanism for fostering international investments and legal foreseeability in insolvency proceedings.

The book Cross-Border Insolvency Proceedings Policies and Directives in the European Union focuses on the effectiveness and development of cross-border insolvency proceedings in the EU insolvency law. Namely, it provides an analysis on the application of the Regulation on Insolvency Proceedings ((EU) 2015/848) and how it contributes to the general goals of the EU internal market and exercise of the freedoms of movement and establishment. Also, it analyzes how the Directive on Restructuring and Insolvency ((EU) 2019/1023) should be applicable in cross-border insolvency proceedings and whether the elements of preventive restructuring set out in this act can be effectively employed when restructuring proceedings cross the boundaries of the Member State.

This book covers the main elements of EU cross-border insolvency law, such as jurisdiction, applicable law, recognition and enforcement of judgments. Also, it focuses on other important topics in international insolvency cases, such as the exercise of creditors’ rights in cross-border insolvency proceedings, tracing and recovery of assets and discusses the possibilities of rescue of viable companies in cross-border insolvency cases. Moreover, it deals with the application of the rules of the discharge of debts for insolvent entrepreneurs in case of cross-border insolvency proceedings.

The study may be of interest to students and practitioners of insolvency law, EU law and private international law. It will also be useful for national legislators and EU institutions working on the development of EU insolvency law.

The link to the book can be found here.

 

Société du Tour de France / EUIPO - FitX (TOUR DE X)
Propriété intellectuelle et industrielle
Droit des marques : le recours de la Société du Tour de France contre l’enregistrement de la marque de l’Union européenne Tour de X est rejeté

We have already announced the lecture in honour of Albert Armin Ehrenzweig that will take place in Vienna at the Austrian Ministry of Justice on 20 June 2024. The full programme is now available. The event will take place in hybrid mode and is free of charge. Registration is required for both personal and online […]

The Australian International Law Journal (AILJ), published by the International Law Association (Australian Branch), is calling for papers on topics of public or private international law for its forthcoming volume.

Papers should range from between 6,000 and 12,000 words. Case notes (2,000-3,000 words) and book reviews (1,000 words) within the areas of public or private international law are also welcome.

Papers on any topic of public or private international law should be submitted by email to the Editor in Chief at a.cassimatis@law.uq.edu.au. The deadline for submissions is 30 September 2024. Accepted submissions will be published in Volume 31 of the AILJ.

Commission / Deutsche Telekom
La Commission doit payer des intérêts sur les amendes qu’elle a indument infligées en matière de concurrence et dont elle a perçu les montants à titre provisoire

Staatssecretaris van Justitie en Veiligheid (Femmes s’identifiant à la valeur de l’égalité entre les sexes)
Espace de liberté, sécurité et justice
Protection internationale : le statut de réfugié peut être accordé aux femmes s’identifiant à la valeur de l’égalité entre les femmes et les hommes

This is the second post in the online symposium on the recent judgment of the CJEU in Air Berlin (see also here). It is authored by Antonio Leandro (University of Bari, Italy), who edited and contributed to the recent Elgar Commentary on the European Insolvency Regulation and Implementing Legislations. The first post was authored by […]

La règle générale attribuant compétence aux juridictions du domicile du défendeur s’oppose à la réglementation d’un État au terme de laquelle ses ressortissants sont obligés de disposer d’une adresse permanente dans cet État, indépendamment du lieu où ils résident effectivement.

Sur la boutique Dalloz Droit de la famille 2023/24 Voir la boutique Dalloz

en lire plus

This is the first post in the online symposium on the recent judgment of the CJEU in Air Berlin (see also here). It is authored by Ilaria Queirolo and Stefano Dominelli (University of Genoa, Italy), who contributed to the recent Elgar Commentary on the European Insolvency Regulation and Implementing Legislations. In Air Berlín Luftverkehrs KG, […]

Written by Hadrien Pauchard (assistant researcher at Sciences Po Law School)

The fourth issue of the Revue critique de droit International privé of 2023 (available here) was released online some time ago. It features two articles and several case notes. The non-French speaker will be pleased to find that, for the first time, the articles have been made available in English on the editor’s website (for registered users and institutions).

By opening new horizons beyond French private international law, the doctrinal part of the volume sheds light on the role played by conflict of laws in a legal anthropology.

The first article authored by Dr. El Hadji Samba Ndiaye (Université de Cheikh Anta Diop de Dakar) is dedicated to La double nationalité des Africains subsahariens et les conflits de lois en matière de statut personnel (Dual nationality of sub-Saharan Africans and conflicts of law in matters of personal status). Its abstract reads as follows:

The principle of precedence of the nationality of the forum has an undeniable foundation in African private international law. Fortunately, however, it does not converge with the dynamics of migration of Africans towards the West and the contemporary diasporic realities. Dual nationality becoming more and more a reality in sub-Saharan Africa, it is urgent to review the treatment it receives in the field of conflicts of laws in matters of personal status when the African courts are the subject of direct referral to the proportion of dual Africans nationals who obtained a naturalization decree during their stay in the West. Taking advantage of the singularities shared between the conflict mobile and the positive conflict of nationalities, this analysis suggests applying to African dual nationals the law of their secondarily acquired nationality corrected, if possible, by the exception of dual nationality.

In the second article, Pr. Sabine Corneloup (Université Paris Panthéon-Assas) discusses L’appréhension des mariages d’enfants célébrés à l’étranger. Droit international privé et droits fondamentaux (Engaging with child marriages celebrated abroad. Private international law and fundamental rights). The abstract reads as follows:

While the fight against child marriages is a widely shared international objective, the choice of the best way to deal with such marriages, when they have been validly celebrated abroad, is a highly complex and controversial issue. On 1st February 2023, the German Federal Constitutional Court declared that article 13, paragraph 3, 1° of the EGBGB, relating to marriages of minors under the age of 16 celebrated abroad, was contrary to the freedom to marry guaranteed by the Basic Law of 1949. Adopted against a tense political backdrop, the provision stemmed from a 2017 law aimed specifically at combating child marriages. Its radical penalty – automatic nullity without any specific assessment of the situation of the spouses and without any substitute regime – attracted a great deal of criticism in Germany. The decision invites a more general reflection, beyond German constitutional law, on the questions of method and legal policy that the apprehension of these marriages gives rise to in private international law. The flexibility of the international public policy exception is problematic when the marriage has been contracted at a particularly early age. Public policy should then systematically oppose its validity in France. The benefit of putative marriage, as well as the possibility of celebrating the marriage again when majority has been reached, constitute sufficient guarantees to limit the effects of nullity in the legal order of the forum.

The issue also contains two case notes related to major transnational litigations on corporate responsibility. Written by Pr. Horatia Muir Watt (SciencesPo), they provide a critical comparative perspective on the contemporary developments and challenges of value chain disputes. The first note on Amici curiae : alerte à la vigilance ! (Amici curiae: vigilance alert!) scrutinizes the recent decision of the Tribunal judiciaire de Paris regarding the interim measures requested in the Total-Ouganda case under French law on corporate duty of care – “loi sur le devoir de vigilance” (TJ Paris, référé, 28 févr. 2023). The second note on Fuites de pétrole et fuite du temps: le point de départ de la prescription en cas de faits dommageables plurilocalisés à effets continus (Oil leaks and the passage of time: the starting point of the limitation period for plurilocal facts with continuous effects) then focuses on the judgement of the UK Supreme Court of May 10th, 2023 in the Jalla v Shell ([2023] UKSC 16) case.

The full table of contents is available here.

Previous issues of the Revue Critique (from 2010 to 2022) are available on Cairn.

On 18 April 2024, the CJEU delivered its judgment in Joint Cases C-765/22 and C-772/22, Air Berlin Luftverkehrs KG. The judgment, which was briefly presented on this blog, addresses several novel issues related to the application of the European Insolvency Regulation. In the coming days, the EAPIL Blog will host an online symposium on this case. […]

Burkhard Hess and his team at the University of Vienna recently finalised an Academic Position Paper on the Reform on the Brussels Ibis Regulation, which is now available on SSRN. They have kindly shared the following summary with us.

The Brussels Ibis Reform project leading up the Academic Position Paper commenced with the formation of a Working Group within the European Association for Private International Law (EAPIL) in 2021, spearheaded by Burkhard Hess and Geert Van Calster. This Working Group consisted of 42 academics from 22 EU Member States plus Iceland, Norway, Switzerland and the UK. The Members of the Working Group provided information on the application of the Brussels Ibis Regulation in their respective jurisdictions by means of a questionnaire, after which a Members Consultative Committee of the EAPIL produced a report. Based on this input, the former MPI Luxembourg and the KU Leuven organised a conference in Luxembourg on 9 September 2022.

After the Luxembourg conference, Burkhard Hess and a team of researchers of the former MPI Luxembourg prepared a Working Paper with 32 reform proposals. The Members of the EAPIL Working Group and the academic public were invited to express their opinion on these proposals through online surveys. The results of these surveys were processed by Burkhard Hess and his team , which led to amendments to the original proposals. These amended proposals were presented discussed at a conference in Vienna on 12 April 2024. The findings of this conference were integrated into the Academic Position Paper that, after consulting the Members of the EAPIL Working Group, received a final update before being uploaded on SSRN

The five different parts of the Academic Position Paper cover the role and scope of the Brussels Ibis Regulation, collective redress, third-state relations, jurisdiction and pendency, as well as recognition and enforcement. Each part covers distinct issues identified at the 2022 Luxembourg conference and formulates specific proposals to resolve them. The background of each proposal is briefly explained and the charts indicating the responses to the surveys are presented, before discussing the feedback received through the surveys and during the 2024 Vienna Conference.

Burkhard Hess and his team would like to thank everyone that has taken the time to answer the surveys and/or attend the conferences. Your input was invaluable, and we have sought to take your views into account as much as possible. We believe that the proposals in the Academic Position Paper provide a solid set of recommendations to consider in recasting the Brussels Ibis Regulation, which will be presented to the European Commission as a meaningful contribution of academia in the upcoming law-making process.

Francisco Garcimartin (University Autónoma of Madrid) has posted Is EU Insolvency Law consistent? on SSRN. The abstract reads as follows: The piecemeal approach to the harmonisation of insolvency law in the EU and the corresponding time lag between the unification of choice of law rules, on the one hand, and substantive harmonisation, on the other, has […]

On 24 May 2024, the Council of the European Union approved the position of the European Parliament at first reading on the proposal for a directive of the European Parliament and of the Council on corporate sustainability due diligence and amending Directive (EU) 2019/1937 (and subsequently also Regulation (EU) 2023/2859). The directive has thereby been […]

INGSTEEL
Rapprochement des législations
Marchés publics : le soumissionnaire illégalement évincé d‘une procédure de passation peut réclamer des dommages et intérêts en raison d’une perte de chance