Agrégateur de flux

Cour d'appel de Paris, 9 avril 2019

Tribunal correctionnel de Pontoise, 5 avril 2019

Pourvoi c/ cour d'appel de Bastia, Chambre correctionnelle, 21 novembre 2018

Pourvoi c/ Cour d'appel de Versailles, 19 décembre 2010

Quand la justice française saisit des biens issus de la corruption internationale, le produit revient au budget de l’état français, y compris quand il s’agit de biens spoliés à des pays pauvres. Une situation inique que des sénateurs veulent modifier.

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La cour d’appel de Paris vient de revoir son organisation en matière de suivi des affaires de cybercriminalité, un contentieux complexe en essor.

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Représentation des salariés - Election professionnelle

Entreprises en difficulté

Cour d'assises

Saisies

Chose jugée

In C-464/18 ZX v Ryanair, the CJEU last week succinctly held on branch jurisdiction (Article 7(5)) and on voluntary appearance under Article 26.

The Court first reminds readers of the exclusion of simple contracts of transport (as opposed to combined tickets /package travel) from the consumer title of the Regulation: aee Article 17(3): the consumer title ‘shall not apply to a contract of transport other than a contract which, for an inclusive price, provides for a combination of travel and accommodation’.

Surprisingly perhaps (and /or due to lobbying), this did not come up for amendment in the recent Recast, despite the massive increase on travel tickets bought online in particular since transport was first carved out from the consumer title in the Brussels Convention. At 160 the Jenard Report explains the carve-out by reference to international agreements – yet these too could probably do with a refit – but I am straying.

The Court also reminds us that the flight compensation Regulation 261/2004 does not contain conflict of laws rules – these remain subject to the general instruments.

To the case at hand then: ZX purchased a ticket online for a flight operated by Ryanair between Porto (Portugal) and Barcelona (Spain). Applicant  is neither domiciled nor resident in Spain, defendant has its registered office in Ireland, and has a branch in Girona (Spain). ZX, the passenger, did not justify jurisdiction pro Girona on the basis of forum contractus. Per C‑204/08 Rehder, this would have been place of arrival or departure.

Branch jurisdiction per Article 7(5) featured most recently in C-27/17 flyLAL, and is quite clearly not engaged here: the ticket was purchased online. There is no element in the order for reference indicating that the transport contract was concluded through that branch. Furthermore, the services provided by the branch of Ryanair in Girona appear to be related to tax matters.

That leaves Article 26: how and when may it justify the international jurisdiction of the court seised by virtue of a tacit acceptance of jurisdiction, on the ground that the defendant in the main proceedings does not oppose that court having jurisdiction? The case-file reveals that following the invitation from the registry of that court to submit observations on the possible international jurisdiction of that court, Ryanair failed to submit written observations. The Court finds this does not amount to tacit acceptance.

Article 26 requires that the defendant enter an appearance. However what exactly this requires hitherto I believe to quite a degree has been subject to lex fori – particularly the local procedural law. One might have expected a more extensive CJEU consideration e.g. revisiting 119/84 Capelloni v Pelkmans.

A missed opportunity.

Geert.

(Handbook of) EU Private international law, 2nd ed. 2016, Chapter 2, Heading 2.2.7.

La Cour européenne des droits de l’homme a déclaré irrecevable la requête de Nicolas Bonnemaison.

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Si la Cour de justice de l’Union européenne ne condamne pas directement les modalités de calcul du temps de travail maximum des policiers français, ses exigences risquent de contraindre la France à le revoir.

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Peines

Juridictions correctionnelles

Chose jugée - Responsabilité pénale

The two volumes of the Luxembourg Reports on European Procedural Law were published early this month. They are the fruits of an evaluation study of national procedural laws and practices in terms of their impact on the free circulation of judgments and on the equivalence and effectiveness of the procedural protection of consumers under EU consumer law.

The volumes present a comparative examination and empirical evaluation of national procedural rules and practices as regards mutual trust and the free circulation of judgments on the one hand, and consumer protection on the other, in light of relevant EU and national legislation and European Court of Justice and domestic case law.

The publication was edited by Burkhard Hess, Stephanie Law & Pietro Ortolani. The Report was prepared by a Consortium of European universities led by the MPI Luxembourg for Procedural Law as commissioned by the European Commission [UST/2014/RCON/PR/CIVI/0082].

For more information, check here.

Chapter 15 is the typical entry gate for a foreign insolvency practitioner to engage in US bankruptcy proceedings – it is also the general jurisdictional gateway for US courts viz international insolvencies, COMI and insolvency tourism discussions etc. By way of example see Norton Rose’s 2017 overview here.

In Ema Garp Fund v. Banro Corp., Case No. 18-01986 Law360 summarise the outcome as it stands (I understands motion to appeal has been filed) as follows: ‘Canada’s Banro Corp. won’t face a suit in New York federal court alleging the mining company lied to investors about its operations in the Democratic Republic of Congo after a judge ruled (..) that those claims were resolved last year in bankruptcy proceedings in Canada.’

Kelly Porcelli excellently reviews the issues here, with justified emphasis on comity considerations – I am happy to refer.

One for the comparative litigation ledger.

Geert.

(Handbook of) EU private international law, 2nd ed. 2016, Chapter 5, Heading 5.5, Heading 5.6.

The European Law Institute is calling for submissions for its 2019 ELI Young Lawyers Award. Candidates must be law students (undergraduate or postgraduate) at a European university. The call is for a unique and original paper which has not previ­ously been published and which deals with a European legal issue that is ripe for reform. Papers must be submitted by April 30, 2019, 20:00 CET in any of the EU official languages along with an English translation. Further details can be found here.