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Thalia Kruger

The final conference for the EU-funded IC2BE project will take place in Antwerp on 21 and 22 November 2019.

This project is the follow-up of the EUPILLAR project, which was concluded in 2016.

On 8 February 2019 the Belgain Court of Cassation decided the case Happy Flights v Ryanair. The Dutch version of the decision is available here.

At issue was the validity of the clause in Ryanair’s general terms and conditions that the Irish courts have jurisdiction over disputes. The Court of Cassation quashed the decision of the Commercial Court of Brussels, which had considered only the formal validity of the choice-of-court clause.

UK Supreme Court Judgment in Vedanta

Thank you to Veerle Van den Eeckhout for the tip-off.

On 10 April 10 2019, the UK Supreme Court handed down its much anticipated judgment in the “Vedanta” case (see here). The judgment is currently raising many comments and discussions on Corporate Social Responsibility (CSR), including from the perspective of Private International Law.

The University of Genoa, together with the Universities of Antwerp and Ghent, Missing Children Europe, Child Focus, Centrum IKO and MIKK has launched a research study, co-financed by the European Commission, for the promotion of  child-friendly justice and the enhancement of the well-being of children in international child abductions cases – VOICE.

Please see the the last issue of 2018 of the Belgian Journal of Private International Law here.

Besides the latest judgments by the Court of Justice of the European Union, it also contains case law of the Belgian Constitutional Court and courts of appeal. The cases are in Dutch or French.

The enactment of Regulations 2016/1103 and 2016/1104, implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes and of the property consequences of registered partnerships, represents a significant step forward in the development of a European Private International Law in the field of Family and Successions Law.

On 28 and 29 March 2019, the international conference ‘Families Beyond Borders. Migration with or without private international law’ will take place in Ghent at the Faculty of Law of Ghent University (Belgium). The conference, organised by Jinske Verhellen, will focus on the challenging interactions between private international law, migration law and human rights law.

Guest post by Dr. Stefano Dominelli of the University of Milan

In recent times, the European Commission has investigated the possibility of amending Regulation 1393/2007 on the service of judicial and extra-judicial documents between Member States. Such instrument has already settled some issues practitioners encountered under the application of the previous legal framework, in particular related to the administrative cooperation regime, the linguistic exception to service, and direct service by registered mail – or equivalent measure.

Brussels IIa Recast: general agreement in the Council

Thanks to Emmanuel Guinchard for the tip through his blog on European Civil Justice

On 7 December the Council of the European Union approved the General Approach on the Brussels IIa Recast proposed by the Presidency on 30 November 2018.

Written by Veerle Van Den Eeckhout

On 23 November 2018 the Dutch Supreme Court referred a question for preliminary ruling to the CJEU in a case with regard to labour conditions of Hungarian truck drivers, particularly with regard to the Posting of Workers Directive, 96/71/EC (see here for the Dutch version, see here for the decision of the same day).

The preliminary question will certainly attract the attention of many who have a particular interest in the specific theme of labour conditions of mobile East European workers – a theme in which rules of Private International Law matter.