Entries by Gilles Cuniberti

ECJ Judgment in Cartesio

The much awaited judgment of the European Court of Justice in Cartesio was delivered yesterday. In this case (C-210/06), the ECJ discussed whether Articles 43 EC and 48 EC are to be interpreted as precluding legislation of a Member State under which a company incorporated under the law of that Member State may not transfer its seat to […]

Fourth Issue of 2008’s Journal du Droit International

The fourth issue of French Journal du Droit International (also known as Clunet) will shortly be released. It contains three articles dealing with conflict issues. The first is authored by Mathias Audit, a professor of Private International Law at the University of Cergy Pontoise. The article deals with Procurement Contracts Concluded by International Organizations (Les contrats de […]

Sovereign Immunity of Germany for WWII Actions: France

After the recent case of the Italian Corte di Cassazione, we thought that some of the readers might be interested by the decision of the French Cour de cassation of 2 June 2004. In this case, proceedings had also been initiated against Germany for actions which had taken place during World War II. The plaintiff, […]

Assistant in Private International Law in Luxembourg

The Faculty of Law of the University of Luxembourg is seeking to recruit an Assistant (PhD student) in Private International Law. The candidate should be a PhD student who will be expected to work on his doctorate, to teach a few hours per week (one to three) and to contribute to research projects in private […]

Daimler Chrysler v Stolzenberg, Part 9: Luxembourg

The Stolzenberg case will also be litigated before the European Court of Justice! Last year, the Court of Appeal of Milan, Italy, referred two questions to the ECJ on the interpretation of the public policy clause of Article 27(1) of the 1968 Brussels Convention.  The ECJ was one of the few major courts in the […]

French Case on Lis Pendens under Brussels II bis Regulation

The French Supreme Court for Private and Criminal Matters (Cour de cassation) handled an interesting decision earlier this year on lis pendens under Regulation 2201/2003 of 27 November 2003 (Brussels IIbis). In this case, two spouses initiated divorce proceedings in England and France the same day. The spouses were French nationals who had married in […]