The successful conclusion of the 7th edition PAX Moot Competition marked the 50th anniversary of EU Private International Law and was named after one of its “founding fathers”, Paul Jenard, who served as the Rapporteur of the 1968 Brussels Convention.
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.
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.
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.