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CJEU on mosaic approach and jurisdiction for action on compensation for damage resulting from an online publication under Article 7(2) of the Brussels I bis Regulation in the case Gtflix Tv, C-251/20

December 21, 2021 /3 Comments/in /by

This Tuesday the Court of Justice delivered its judgment in the case Gtflix Tv, C-251/20, where it has been asked to interpret Article 7(2) of the Brussels I bis Regulation in the context of an online publication allegedly disparaging a legal person and an action for compensation brought by that person before the court of […]  Read more...

CJEU on action for unjust enrichment under Brussels I Regulation in the case HRVATSKE ŠUME, C-242/20

December 17, 2021 in /by

Do actions for recovery of sums unduly paid by way of unjust enrichment fall within exclusive jurisdiction under Article 22(5) of the Brussels I Regulation and, if not, do they fall within alternative jurisdiction set out in Article 5(3) in respect of “quasi-delicts”? This is the twofold question that a Croatian court addressed to the […]  Read more...

A quarterly on civil procedure (“Polish Civil Procedure”) publishes a special issue on international family law with a particular focus on the Regulation 2019/1111

December 4, 2021 in /by

The quarterly “Polish Civil Procedure” (“Polski Proces Cywilny”) just published a special issue on international procedural law and private international law. The issue is entirely devoted to international family law. Under the common title “New efforts in judicial cooperation in European child abduction cases”, it gathers contributions drafted in English and coming from authors representing […]

AG Campos Sánchez-Bordona on ex officio examination of jurisdiction under the Succession Regulation in the case V A and Z A C-645/20

December 2, 2021 in /by

Where the habitual residence of the deceased at the time of death is not located in any of the Member States, the court of a Member State which finds that the deceased had the nationality of that State and held assets within its territory must, of its own motion, examine whether it has jurisdiction under […]  Read more...

CJEU on law governing time limits for lodging claims in secondary insolvency proceedings in the case ALPINE BAU, C-25/20

November 25, 2021 in /by

Under Article 32(2) of the Regulation No 1346/2000 (the “old” Insolvency Regulation, now repealed by the Regulation 2015/848), “the liquidators in the main and any secondary proceedings shall lodge in other proceedings claims which have already been lodged in the proceedings for which they were appointed, provided that the interests of creditors in the latter […]

CJEU on international element requirement for jurisdiction over consumer contracts in the case Commerzbank, C-296/20

September 30, 2021 in /by

Is the international (foreign) element required at the outset, at the time of conclusion of the contract, in order to trigger the applicability of the rules on jurisdiction of the Lugano II Convention on jurisdiction over consumer contracts and to protect the consumer from being sued outside of the State of his (her) domicile? This […]  Read more...

CJEU on the (in)admissibility of the request for a preliminary ruling on the Succession Regulation lodged by a notary in the case OKR, C-387/20

September 20, 2021 in /by

In its judgments delivered in the cases WB, C-658/17 and E.E., C-80/19, the Court of Justice already addressed the question whether a notary dealing with succession-related matters is a “court” for the purposes of the Succession Regulation. In these cases, however, the requests for a preliminary ruling originated from the proceedings pending before the national […]  Read more...