Author Archives: Marta Requejo

About Marta Requejo

Marta Requejo is a senior researcher fellow of the Max Planck Institute Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law. She obtained her law degree from the University of Santiago after spending a year at the University of Le Mans (France) as an Erasmus student; she holds a Doctorate (European Doctorate) from Santiago de Compostela University. Tenured lecturer since 2001, she qualified for access to senior professorship in September 2011. Her primary teaching and research interests are conflict of laws, international litigation, and international commercial law. She has been visitor for researching purposes at the Max Planck Institute on Foreign and Private International Law (Hamburg, Germany), the Institut Suisse de Droit Comparé (Lausanne, Switzerland), the Paris-Pantheon University and the BIICL; also visiting professor at the Paris-Panthéon University. So far she has published four monographs: "Ley local y forma de los actos en el Derecho internacional privado español", 418 pp; "Proceso en el extranjero y medidas antiproceso (antisuit injunctions)", 282 pp; "La cesión de créditos en el comercio internacional", 281 pp; "Violaciones graves de derechos humanos y responsabilidad civil", 369 pp. She is also author of several articles printed in collective works, and numerous papers in law journals, mainly Spanish ones, like the Revista Española de Derecho Internacional or Diario La Ley, but also in foreign magazins like The European Legal Forum or Era Forum. She belongs to the Group of research De Conflictu Legum.

New Book Published: Recognition in International Civil Litigation – European Enforcement Law

The lectures delivered at the 2013 Conference of the International Association of Procedural Law on recognition of foreign judgments and cross-border enforcement have been collected in a book, recently published by Gieseking Verlag and edited by Prof. Burkhard Hess, under the title Die Anerkennung im Internationalen Zivilprozessrecht – Europäisches Vollstreckungsrecht.

The volume addresses the following topics:

  • Perspectives on recognition within the European Union
  • Recognition under national law in Europe
  • Recognition of foreign judgments in the U.S. and in Asia
  • International enforcement between territoriality, the creditor’s interests and debtor protection
  • The European Account Preservation Order
  • Transparency of assets between the creditor’s interests and debtor protection
  • Liability, Security and Undertakings in cross-border enforcement law.

See here the table of contents. For further information please click here.

Presentation on the Boundaries of European Private International Law on SSRN

The text of the presentation of Veerle Van Den Eeckhout  on the international conference “Boundaries of European Private International Law” at Louvain La Neuve, 5/6 June 2014, entitled “The (Boundaries of) the Instrumentalisation of Private International Law by the European Institutions”.is now available on ssrn.

The abstract reads as follows:

“Where European institutions (the European legislator or the Court of Justice) get involved in PIL, PIL might (also) be assessed in the light of European objectives. Is PIL, thus, evolving into a policy instrument? Two case-studies could be analysed from this perspective: international labour law (with focus on intra-community cross-border situations) and corporate social responsibility (with focus on environmental pollution outside Europe). What interests can or may PIL serve in these areas at the end of the day, and what should be the limits?”

Call for Papers (Australian International Law Journal)

The Australian International Law Journal, a peer-reviewed law journal published by the International Law Association (Australian Branch), calls for papers of between 6,000 -12,000 words on topics of public or private international law. The deadline for submissions is 12 September, 2014 and accepted submissions will be published in Volume 21 of the Journal.

Casenotes (2,000-3,000 words) and Book Reviews (1,000 words) within the area of public or private international law are also welcomed.

If you are interested in submitting a piece to the Australian International Law Journal, please contact the editors (treasurer@ila.org.au). Guidelines for the authors are to be found here.

Recognition of Russian Personal Status Judgments in Greece: A Case Law Survey

Dr. Apostolos Anthimos has published an article on the Recognition of Russian personal status judgments in Greece in the III issue, Vol. II (2014)  of the law review Russian Law Journal.

Recognition of Russian personal status judgments in Greece: A case Law survey

Russia and Greece have strong historical, cultural, social and financial bonds for centuries. In the aftermath of the 2nd World War, many people of Greek origin were forced to leave Greece for political reasons; they moved to the USSR, where they started a new life. Soon after the dissolution of the Soviet Union, and following supporting Greek legislation for their return to the homeland, a significant number of people decided to resettle in Greece. In order to cope with Greek bureaucracy regarding personal status matters, certain documents and court decisions of USSR (meanwhile Russian) origin had to be recognized in Greece. The present article provides a first glance at the bilateral Convention on judicial assistance in civil and criminal matters signed in 1981 between the Hellenic Republic and the ex-USSR. This ?onvention applies since December 1995 in Greek – Russian civil and criminal matters. The article will focus on Ch. V of the Convention, dealing exclusively with the issue of recognition and enforcement of judgments and authentic instruments in civil matters. At the same time it serves as a survey of reported and unreported Greek case law on the matter.

You can download the article clicking here

Agreement between the EU and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

Source:OJ, 13.08.2014, L 240

According to Article 3(2) of the Agreement of 19 October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters  (hereafter the Agreement), concluded by Council Decision 2006/325/EC, whenever amendments to Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters are adopted, Denmark shall notify the Commission of its decision whether or not to implement the content of such amendments.

Regulation (EU) No 542/2014 of the European Parliament and of the Council amending Regulation (EU) No 1215/2012 as regards the rules to be applied with respect to the Unified Patent Court and the Benelux Court of Justice was adopted on 15 May 2014.

In accordance with Article 3(2) of the Agreement, Denmark has by letter of 2 June 2014 notified the Commission of its decision to implement the contents of Regulation (EU) No 542/2014. This means that the provisions of Regulation (EU) No 542/2014 will be applied to relations between the European Union and Denmark.

In accordance with Article 3(6) of the Agreement, the Danish notification that the content of the amendments has been implemented in Denmark creates mutual obligations between Denmark and the European Union. Thus, Regulation (EU) No 542/2014 constitutes an amendment to the Agreement and is considered annexed thereto.

With reference to Article 3(3) and (4) of the Agreement, implementation of Regulation (EU) No 542/2014 in Denmark can take place administratively. The necessary administrative measures entered into force on 18 June.

Greek Book on Brussels Ibis Regulation [Regulation (EU) No 1215/2012]

 ‘Jurisdiction, Recognition and Enforcement of Judgments in Civil and Commercial Matters: The New Revised Regulation 1215/2012 Brussels (Ibis)’, by Professor Charis P. Pamboukis, has just been published (language: greek). The book constitutes the first issue of a new series called The Private International Law and Law of International Transactions Series, which has the aim of publishing outstanding works in these fields under the direction of Professor Charis P. Pamboukis. The publisher is Nomiki Bibliothiki (Athens, 2014, XVI + 308 pages, ISBN 978-960-562-284-8).

The new Regulation (EU) 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters plays a vital role in the development of the European procedural law, which gradually dominates in the regulation of the legal relationships occurring in the European Union and diminishes the practical importance of the national procedural law. It replaces -and this is important for its systematic interpretation- the Brussels I Regulation. In principle it is based on its predecessor but it also revises old and introduces new provisions. It has to be underlined that the new instrument will be applied as a whole by replacing (with a few exceptions which are included in its transitional provisions) the old Brussels I Regulation (the latter has ‘communitarised’ the 1968 Brussels Convention, a pioneer of great significance for this area).

Taking into consideration the described relationship between these two instruments, this book gives emphasis on the interpretation of the new as well as of the old, revised provisions which form part of the new Regulation, in order to fill a related gap which exists in the Greek, legal bibliography and prepare the ground for its application (10 January 2015, as it is provided by Article 66). Its main purpose is to make familiar to the Greek jurists the adopted amendments. Therefore, it explains the changes which have taken place concerning the scope of the Brussels I Regulation, its rules on international jurisdiction as well as on the free circulation of judgments. Regarding the provisions of the Brussels I Regulation, which have been included verbamit in the new Regulation, the older works and contributions remain relevant. Due to this fact, a pertinent list has been included in the end of this book. Furthermore, among others, the text of the new Regulation has also been included.

The Protection of Privacy in the Aftermath of the CJEU’s Judgments – Conference at the Max Planck Institute Luxembourg

On September 29, 2014 the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law will host a conference on ‘The Protection of Privacy in the Aftermath of the CJEU’s Judgments in eDate Advertising, Digital Rights Ireland and Google Spain’.

Ensuring the effective right to privacy regarding the gathering and processing of personal data has become a key issue both in the internal market and in the international arena. The extent of people’s right to control their data, the implications of the “right to be forgotten”, the actual impact on national systems of the CJEU’s decisions on jurisdiction on the infringement of personality rights, and recent legislation addressing libel tourism are all shaping a new understanding of data protection and the right to privacy, and also have an impact on other fundamental rights such as freedom of speech.

This Conference will explore these issues to assess the status quo and possible developments in this area of the law which is undergoing significant changes and reforms that are not always easy to reconcile.

 

Program

14:15 The CJEU’s Decision in Google Spain: An Assessment

Professor Christopher Kuner, Honorary Fellow of the Centre for European Legal Studies, University of Cambridge, and Honorary Professor at the University of Copenhagen

Dr Cristian Oro Martinez, Max Planck Institute Luxembourg – discussant

 15:00 The CJEU’s Decision on the Data Retention Directive

Professor Martin Nettesheim, University of Tübingen

Dr Georgios Dimitropoulos, Max Planck Institute Luxembourg – discussant

 16:30 The CJEU’s Decision in eDate Advertising and Its Implementation by National Courts

Professor Burkhard Hess, Director, Max Planck Institute Luxembourg

Professor Patrick Kinsch, University of Luxembourg – discussant

 17:15 The 2010 U.S. SPEECH Act and the U.K. Reaction of 2013

Dr Cristina M. Mariottini, Max Planck Institute Luxembourg

Professor David P. Stewart, Georgetown University – discussant

 18:00 Discussion

For further information and to register, please click here.

Note: The following day, the Institute will host the first meeting of the ILA Committee on the Protection of Privacy in Private International and Procedural Law (this latter event is by invitation only).

 

 

Latest on Spanish Journals (II)

The last issue of La Ley. Unión Europea (July 2014) has also been released this month.  Prof. P. de Miguel Asensio (Universidad Complutense of Madrid) is the author of the first contribution, entitled “El tratamiento de datos personales por buscadores de Internet tras la sentencia Google Spain del Tribunal de Justicia”.

Summary: In the light of the most recent case law of the ECJ, the territorial scope of application of the EU data protection law is discussed, with a special focus on the applicability of EU legislation to Google Inc., as search engine provider. Additionally, the position of the undertaking managing a search engine as data controller, the obligations of the search engine in this respect as well the relationship with the position of the pusblishers of websites are addressed. Finally, the scope of the right of erasure and its consequences on the activities of search engines are also discussed.

Directly related to Prof. de Miguel’s paper is Dr. M. López García’s “Derecho a la información y derecho al olvido al internet”, published a little bit later (under Tribuna) in the same issue.

Summary: Internet is major change in society. Everything we do is published in the network. If you’re not on the Internet doesn’t exist. But it has important legal consequences especially regarding the right to privacy and protection of personal data, specifically the right to control the privacy of each person and decide that we want you to know or want you to forget about us. This problem has a different solution in each country. Common response is required for legal certainty.

The second main article, written by Prof. J. García López (also from the Universidad Complutense, Madrid) and entitled “El acuerdo de asociación transatlántico sobre comercio e inversiones: aproximación desde el Derecho del comercio internacional”, focuses on the TTIP:

Summary: The USA and the EU started one year ago their negotiations for the conclusion of the Transatlantic Trade and Investment Partnership (TTIP). In this paper we propose an approach from the point of view of International Trade Law. The TTIP will have to satisfy the conditions of both art XXIV GATT and art V Gats. This will produce the abolition of tariff and non-tariff barriers for the transatlantic trade, inducing a well-known effect of trade creation. On the other side, third countries like Mexico and Turkey will suffer as a consequence of the trade diversion caused by the rules of origin of the TTIP. To conclude, we will make reference to the new areas of negotiation beyond goods and services.

A comment on the ECJ decision to the aff. C-478/2012, Maletic, is provided by J.I. Paredes Pérez (Centro Europeo del Consumidor en España; University of Alcalá)

Summary:  The subject of the controversy of the judgment places us within the territorial scope of protection forums included in Regulation No. 44/2001 for contracts held by consumers in order to assess the assumptions of internationality that justify their application. In this context, the judgment is of great significance, since in the appreciation of the international element of the litigious situation, the Court of Justice of the European Union does not use so much criteria of spatial type, characteristic of private international law as substantive criteria that arise from material logic. In particular, it appreciates the international nature of a consumption contract apparently domestic, taking into account intrinsic aspects of the contractual relationship, as it turns out the root cause of the matter related to connected contracts.

A selection of European case law and some news of juridical -but also of general- interest are  delivered in the final part of the journal.

Latest on Spanish Journals (I)

 Vol. VII (2014, 2) of the Spanish journal Arbitraje. Revista de Arbitraje Comercial y de Inversiones has just been released. The following contributions are to be found therein:

Under the heading Estudios

Franco FERRARI: Forum shopping: la necesidad de una definición amplia y neutra

Ana FERNÁNDEZ PÉREZ:  Los contenciosos arbitrales contra España al amparo del Tratado sobre la Carta de la Energía y la necesaria defensa del Estado.

As Varia

Miguel GÓMEZ JENE: Hacia un estándar internacional de responsabilidad del árbitro

Marco DE BENITO LLOPIS–LLOMBART: El arbitraje y la acción

Simon P. CAMILLERI: Anti–suit injuctions en el régimen de Bruselas I: ¿una cuestión de principios?

Álvaro SORIANO HINOJOSA: El Estado y demás personas jurídicas de Derecho público ante el arbitraje internacional

José Pablo SALA MERCADO: La actualidad de la inversión extranjera en Argentina. Una realidad que despierta inseguridad.

As usual, the issue provides as well with the notice of relevant recently adopted legal texts, case law (sometimes commented) of several jurisdictions, reviews of books and other journals, and of events.

Cross-Border Effects of Banking Resolution

As part of the overhaul of the financial system, the EU has recently enacted two texts that will profoundly change the way in which banking crises will be dealt with. Those texts are the Bank Recovery and Resolution Directive (BRRD) and the Regulation on a Single Resolution Mechanism (SRM). Under them, supervisory authorities will have the power to order the transfer of assets, rights and liabilities of a bank to a purchaser or to a bridge institution. They may also prescribe the mandatory bail-in of creditors by conversion of their claims into equity or by a write down to zero. These measures may affect assets situated in other countries or rights and liabilities governed by foreign law. This raises serious conflict of laws issues. These and related topics will be dealt with during a conference on Thursday, 10 July 2014, at the British Institute of International and Comparative Law (BIICL) in London. The conference will be chaired by Professor Dr Rosa Lastra (Queen Mary). Speakers are Dr Anna Gardella (EBA), Professor Dr Matthias Lehmann (University of Halle-Wittenberg), Dr Philipp Paech (LSE) and Dr Peter Werner (ISDA). Further details can be found here.