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 […]
About Krzysztof Pacula
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Meanwhile lets just say that we are proud Krzysztof Pacula contributed a whooping 38 entries.
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 […]
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 […]
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 […]
Under Article 32(2) of the Regulation No 1346/2000 (the “old” Insolvency Regulation, now repealed by the Regulation 2015/848), “the liquidators in the main and any secondary proceedings shall lodge in other proceedings claims which have already been lodged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 […]
In its judgment delivered this Thursday in the case IB, C-289/20, the Court of Justice addresses the issue of multiple places of residence under the Brussels II bis Regulation in the context of a request for a preliminary ruling originating from the proceedings for a divorce. As a reminder, the preliminary question referred to the […]
Back in September, AG Rantos presented his Opinion in the case TOTO, C-581/20. As
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 […]
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 […]
This Thursday, the Court of Justice delivered its judgment in the case UM, C-277/20, where it clarifies whether a donation mortis causa may fall within the scope of the notion of “agreement as to succession” in the sense of the Succession Regulation. Read more…