Agrégateur de flux

Sécurité sociale, contentieux - Contentieux général - Procédure

Bail commercial

Bail rural - Urbanisme

Bail d'habitation

The president and Mrs Trump keep on exercising the courts. In Melania Trump v Webster Tarpley and Mail Media, Inc., the circuit court for Montgomery County, Maryland, accepted jurisdiction against the former, who is resident in Maryland, but rejected it against the latter, who is resident at New York. (It is registered there and also has its head office there). The second defendant is most likely the owner of the website dailymail.com and dailymail.co.uk. Whether that was really the case was left in the middle though for the Daily Mail group (whom Wikipedia today confirmed as no longer accepting as a source of facts), wanted the judge to rule on the merits of jurisdiction rather than on a possibly wrongly identified defendant.

Alleged libel concerns reports published by Mr Tarpley, a blogger, and the Daily Mail, relating to remarks, later retracted by both defendants, on alleged past racy activities of Mrs Trump. At issue was whether the courts at Maryland have personal jurisdiction over Mail Media. Mrs Trump’s legal team suggest publication of defamatory material in a publication with significant circulation in the forum state, suffices for jurisdiction. This, they argue, is compounded by targeted interactivity between the Daily Mail and readers in Maryland. Mail Media suggest there is no direct connection between Maryland and the Mail Article at issue and that even if the court were to accept such connection, jurisdiction should be refused on the basis of forum non conveniens.

The court accepted the first defence and did not therefore entertain the second. P.7: operating a website, even one that is popular and makes money from advertising, is not ‘purposeful availment’ under precedent rule: the publication has to intentionally enter the forum market: the MAil’s influence in the US is on a national (federal) basis.

Note to class: compare the court’s approach with that of European courts under the Brussels I Recast Regulation.

Mrs Trump has now refiled in New York, where both her and second defendant are resident.

Geert.

 

I thought it might be worth to draw your attention to a couple of interesting papers that I came across on SSRN recently (without any claim of completeness):

On Brexit and Private International Law:

• Matthias Lehmann & Nihal Dsouza (University of Bonn), What Brexit Means for the Interpretation and Drafting of Financial Contracts
• John Armour (University of Oxford), Holger Fleischer (MPI Hamburg), Vanessa Jane Knapp (Queen Mary University of London) & Martin Winner (Vienna University of Economics and Business), Brexit and Corporate Citizenship
• Mukarrum Ahmed (Lancaster University) & Paul R. Beaumont (University of Aberdeen), Exclusive Choice of Court Agreements: Some Issues on the Hague Convention on Choice of Court Agreements and its Relationship with the Brussels I Recast Especially Anti-Suit Injunctions, Concurrent Proceedings and the Implications of Brexit 
• Mukarrum Ahmed (Lancaster University), Brexit and English Jurisdiction Agreements: The Post-Referendum Legal Landscape

On EU Private International Law:

• Jean-Sylvestre Bergé (Université de Lyon), The Gap between Legal Disciplines, Blind Spot of the Research in Law: Remarks on the Operation of Private International Law in the EU Context
• Evangelos Vassilakakis (Aristotle University of Thessaloniki), The Choice of the Law Applicable to the Succession under Regulation 650/2012 – An Outline
• Laura van Bochove (Leiden University), Purely Economic Loss in Conflict of Laws: The Case of Tortious Interference with Contract
• Ilaria Pretelli (Swiss Institute of Comparative Law), Exclusive and Discretionary Heads of Jurisdiction for Third States and Lugano States: The Way Forward
• Ugljesa Grusic (Faculty of Laws, University College London), Long-Term Business Relationships and Implicit Contracts in European Private Law
• Matthias Haentjens & Dorine Verheij (Leiden University), Finding Nemo: Locating Financial Losses after Kolassa/Barclays Bank and Profit
• Remus Titiriga (INHA University), Revival of Rabel’s Trans-National Characterization for Rules of Conflict? Some Answers in a European Convention
• Berk Demirkol (University of Galatasaray), Droit Applicable aux Contrats de Construction (Law Applicable to Construction Contracts)

On non-EU Private International Law:

• Patrick Borchers (Creighton University School of Law), Is the Supreme Court Really Going to Regulate Choice of Law Involving States?
• Akawat Laowonsiri (Thammasat University ), Conflict of Genders in Conflict of Laws: Unresolved Problems in Thailand and Elsewhere
• Ralf Michaels (Duke University School of Law) The Conflicts Restatement and the World
• Jinxin Dong (China University of Petroleum), On the Internationally Mandatory Rules of the PRC
• Hannah L. Buxbaum (Indiana University Bloomington Maurer School of Law), Transnational Legal Ordering and Regulatory Conflict: Lessons from the Regulation of Cross-Border Derivatives
• Patrick Borchers (Creighton University School of Law), An Essay on Predictability in Choice-of-Law Doctrine and Implications for a Third Conflicts Restatement
• John F. Coyle (University of North Carolina School of Law), The Canons of Construction for Choice-of-Law Clauses   

International Arbitration

• Csongor István Nagy (University of Szeged), Central European Perspectives on Investor-State Arbitration: Practical Experiences and Theoretical Concerns
• Evangelos Kyveris (University College London), An In-Depth Analysis on the Conflicting Decisions in Dallah v. Pakistan: Same Law, Same Principles, Different Decisions 

Par un arrêt du 17 janvier 2017, la Cour européenne des droits de l’homme s’est prononcée sur le caractère équitable du procès de personnes condamnées principalement sur le fondement des témoignages de « repentis » issus du milieu criminel.

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Cour d'assises - Jugements et arrêts

Cour d'assises - Jugements et arrêts

Cour d'assises - Jugements et arrêts

Une publicité comparative des prix entre des magasins de format et de taille différents n’est pas licite dans certaines circonstances

The UK’s withdrawal from the EU will precipitate important change in international family law. EU law has increasingly come to define key aspects of both jurisdiction and recognition & enforcement of judgments on divorce, maintenance, and disputes over children, including international child abduction, and provided new frameworks for cross-national cooperation.

Child & Family Law Quarterly and Cambridge Family Law will, therefore, host a joint seminar on 27 March 2017. International experts and practitioners will discuss the impacts of ‘Brexit’ on family law, from a range of national and European perspectives, and reflect on the future of international family law practice in the UK.

Academic speakers include:

• Nigel Lowe, University of Cardiff
• Anatol Dutta, University of Regensburg, Germany
• Paul Beaumont, University of Aberdeen
• Helen Stalford, University of Liverpool
• Janeen Carruthers, University of Glasgow
• Ruth Lamont, University of Manchester
• Elizabeth Crawford, University of Glasgow

Panel discussion participants include

• Rebecca Bailey-Harris, 1 Hare Court
• David Hodson, International Family Law Group
• Rachael Kelsey, Sheehan Kelsey Oswald, Edinburgh
• Gavin Smith, 1 Hare Court

Conference registration fees:

• £ 150 for practitioners
• £ 100 for academics/Civil Servants/NGO
• £ 25 for students

For more details, registration, accommodation and dinner tickets: www.fambrexit.law.cam.ac.uk/

 

Just published by Routledge, the book Human Rights in Business: Removal of Barriers to Access to Justice in the European Union presensts the final results of the project which received a 2013 Civil Justice Action Grant from the European Commission Directorate General for Justice. The book is edited by Juan José Álvarez Álvarez Rubio and Katerina Yiannibas and includes a long list of reknown contributors from academia, legal practice and civil society. The begining of the official description from the book reads:

The capacity to abuse, or in general affect the enjoyment of human, labour and environmental rights has risen with the increased social and economic power that multinational companies wield in the global economy. At the same time, it appears that it is difficult to regulate the activities of multinational companies in such a way that they conform to international human, labour and environmental rights standards. This has partially to do with the organization of companies into groups of separate legal persons, incorporated in different states, as well as with the complexity of the corporate supply chain. Absent a business and human rights treaty, a more coherent legal and policy approach is required.

It is available for free download as an eBook:

– To download from the book’s page on the Routledge website, choose “Other eBook Options” button for download options.
– To download the free ebook from Amazon, click here.
– To download the free ebook from iTunes, click here.

X et X
DFON
Selon l’avocat général Mengozzi, les États membres doivent délivrer un visa humanitaire lorsqu’il existe des motifs sérieux et avérés de croire qu’un refus exposera des personnes en quête de protection internationale à la torture ou à des traitements inhumains ou dégradants

The Dieselgate: A Legal Perspective, edited by / a cura di Marco Frigessi di Rattalma, Springer, 2017, ISBN 9783319483221, pp. X+218, EUR  145,59.

This book explains, compares and assesses the legal implications of Dieselgate within a range of selected jurisdictions and at the EU, international and comparative law level.The book analyses the US EPA-VW $14.7 billion dollar settlement of 2016, one of the largest civil settlements in the history of environmental law. As it shows, the Dieselgate affair has raised a host of issues concerning corporate and social responsibility, tort liability, environmental liability, contractual defective products, warranty, and false environmental claims in a range of jurisdictions. Issues like repurchasing or retrofitting cars from consumers and making direct payments to consumers through car buy-backs and compensation are analysed. Further, the book relates how Dieselgate has also contributed to the discussion about the introduction of more effective collective measures of redress for consumers, such as class actions, in Germany, France, Italy and the UK.The book subsequently reviews the criminal offences Volkswagen is currently confronted with in Germany, France and Italy, i.e. fraud and manipulation of capital markets (by belatedly providing shareholders with essential information relevant for the share value), and, potentially, environmental crimes. It demonstrates how Dieselgate has sparked new debates in Germany, Italy, France and the UK about the need to introduce enterprise liability for organised crimes, lack of compliance and control structures, and intentional violations of the law.Lastly, the book discusses how EU law has sought to respond to Dieselgate and thus investigates the controversial EU Regulation No. 2016/646 introducing a “temporary conformity factor” of 2.1 (equivalent to a 110% increase on the current limit) to be applied for NOx in the new RDE testing cycle, and the works of the EU committee of inquiry into Emissions Measurements in the Automotive Sector (EMIS).

Belgium has today signed the 2000 Hague Convention on the International Protection of Adults.

This Convention is currently in force in nine States: Austria, the Czech Republic, Estonia, Finland, France, Germany, Monaco, Scotland and Switzerland. It has been signed but not yet ratified by nine other States, now including Belgium.

For more information see the website of the Hague Conference on Private International Law.

This new book, edited by Juan José Álvarez Rubio and Katerina Yiannibas, addresses the fact that the increased social and economic power of multinational parties has augmented their capacity to affect human, labour and environmental rights.

The book’s publicity reads:

Faced with the challenge of how to effectively access the right to remedy in the European Union for human rights abuses committed by EU companies in non-EU states, a diverse research consortium of academic and legal institutions was formed. The consortium, coordinated by the Globernance Institute for Democratic Governance, became the recipient of a 2013 Civil Justice Action Grant from the European Commission Directorate General for Justice. A mandate was thus issued for research, training and dissemination so as to bring visibility to the challenge posed and moreover, to provide some solutions for the removal of barriers to judicial and non-judicial remedy for victims of business-related human rights abuses in non-EU states. The project commenced in September 2014 and over the course of two years the consortium conducted research along four specific lines in parallel with various training sessions across EU Member States.

The research conducted focused primarily on judicial remedies, both jurisdictional barriers and applicable law barriers; non-judicial remedies, both to company-based grievance. The results of this research endeavour make up the content of this report whose aim is to provide a scholarly foundation for policy proposals by identifying specific challenges relevant to access to justice in the European Union and to provide recommendations on how to remove legal and practical barriers so as to provide access to remedy for victims of business-related human rights abuses in non-EU states.

More information is available on the Routledge’s site.

On 2 February 2017 the European Parliament adopted a resolution urging the EU Commission to propose rules aimed at facilitating the recognition of ‘domestic’ adoptions, i.e. in cases where the adopters and the adopted child are resident in the same country. It is worth noting that the 1993 Hague Convention on Intercountry Adoptions requires automatic recognition of adoptions between contracting States, which include all EU Member States, but applies only to cases in which the parents and the adopted child are from different countries. The resolution further suggests creating a European Certificate of Adoption and calls for common minimum standards for adoption, in the form of ‘best practice’ guidelines. The resolution is accompanied by a study drawn up by the European Parliamentary Research Service, with a contribution by Ruth Cabeza, Claire Fenton-Glynn and Alexander Boiché.

Il 2 febbraio 2017 il Parlamento europeo ha adottato una risoluzione che invita la Commissione a proporre regole che agevolino il riconoscimento delle adozioni fra uno Stato membro dell’Unione e l’altro nei casi in cui chi adotta e chi viene adottato risiedono nello stesso paese. Giova ricordare che la convenzione dell’Aja del 1993 sulle adozioni internazionali richiede il riconoscimento automatico delle adozioni in tutti gli Stati contraenti, fra cui rientrano tutti gli Stati membri, ma si applica solo quando gli adottanti e l’adottato risiedono in paesi differenti. La risoluzione suggerisce inoltre la creazione di un Certificato europeo di adozione e propone l’elaborazione di standard minimi comuni da seguire in caso di adozione, sotto forma di buone pratiche. La risoluzione è accompagnata da uno studio elaborato dal Servizio ricerca del Parlamento europeo, con un contributo di Ruth Cabeza, Claire Fenton-Glynn e Alexander Boiché.

La clause attributive de compétence conclue par les parties, désignant un juge étranger, s’impose, même dans l’hypothèse où une loi de police française serait applicable au fond du litige.

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