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Opinion of AG Campos Sánchez-Bordona in the case CNP, C-913/19: Brussels I bis Regulation and notion of “branch, agency or other establishment” in the insurance context

January 15, 2021 /0 Comments/in /by

This Thursday, Advocate General Campos Sánchez-Bordona presented his Opinion in the case CNP, C-913/19. In this case, a Polish court asks the Court of Justice to interpret the special jurisdictional rules in matters relating to insurance contained in Section 3 of Chapter II of the Brussels I bis Regulation, in conjunction with Article 7(2) and […]  Read more...

Opinion of AG Campos Sánchez-Bordona in the case C-709/19, Vereniging van Effectenbezitters: jurisdiction in matters of non-contractual liability in connection with investments in securities and collective actions

December 21, 2020 /0 Comments/in /by

In his Opinion delivered last Thursday, AG Campos Sánchez-Bordona presents his take on determination of the place where the damage occurred (‘Erfolgsort’) under Article 7(2) of the Brussels I bis Regulation in the context of a collective action for declaration of liability in connection with investments in securities. The Opinion provides further clarification in relation […]  Read more...

Child Abduction Convention case and national procedural provisions determining who can be a party to the proceedings – currently under scrutiny in Poland

September 16, 2020 in /by

Is a national procedural provision determining who can act as a party to the proceedings capable of temporarily preventing the return of a child ordered within the framework of the HCCH 1980 Child Abduction Convention? This question has been recently answered in the affirmative, as illustrated by the recent developments in a case being currently […]  Read more...

Opinion of AG Saugmandsgaard Øe on characterisation of an action relating to abuse of dominant position brought between parties to a contract. Articles 7(1) and (2) of the Brussels I bis Regulation in the case C-59/19, Wikingerhof

September 14, 2020 in /by

An action brought between parties to a contract in a scenario where the consent to at least some of the contractual terms was allegedly expressed by the plaintiff only on account of the dominant position of the defendant is to be considered as falling within the concept of ‘matters relating to contract’ [Article 7(1) of […]  Read more...

CJEU on application of the law of the forum under Article 10 of the Rome III Regulation: Case C-249/19, JE

July 16, 2020 in /by

Back in February we reported on the Opinion presented by Advocate General Tanchev in case C-249/19, JE. Today the Court of Justice rendered its Judgment in which it confirms the interpretation provided in the Opinion. As a reminder, the question referred to the Court of Justice originated in the proceedings pending before the Romanian courts […]

Opinion of AG Campos Sánchez-Bordona in the case WV, C-540/19: jurisdiction and action for recovery of maintenance brought by a public body

June 22, 2020 in /by

According to the judgment in Blijdenstein, delivered by the Court of Justice in 2004, a public body which seeks reimbursement of sums paid under public law to the original maintenance creditor, to whose rights it is subrogated against the maintenance debtor, cannot rely on Article 5(2) of the Brussels Convention. It cannot, therefore, sue the […]

Application of the Brussels I bis Regulation ratione materiae, interim relief measures and immunities: Opinion of AG Saugmandsgaard Øe in the case Supreme Site and Others, C-186/19

June 5, 2020 in /by

Written by María Barral Martínez, a former trainee at the European Court of Justice (Chambers of AG Campos Sánchez-Bordona) and an alumna of the University of Amsterdam and the University of Santiago de Compostela The Hoge Raad Neederlanden (The Dutch Supreme Court), the referring court in the case Supreme Site Service and Others, C-186/19, harbours […]