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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 […]

CJEU on the implications of its Judgment in Pula Parking: Joined cases C-267/19 and C-323/19, Parking / Interplastics

May 20, 2020 /2 Comments/in /by

Preliminary question and its context In its Judgment of 7 May 2020, delivered in the joined cases C-267/19 and C-323/19 without Advocate General’s Opinion, the Court of Justice provides some further guidance on the implications of its previous case law and most notably of the Judgment in the case C-551/15, Pula Parking (‘Judgment in Pula […]

Opinion of Advocate General Saugmandsgaard Øe in the case C-186/19, Supreme Site Services and Others: international organisation, immunity of execution and Brussels I bis Regulation

April 2, 2020 in /by

In his today’s Opinion, Advocate General Saugmandsgaard Øe addresses the question that has recently inspired much debate, already reported to our readers this January by Rishi Gulati. At point 5, the Opinion clarifies that – at the request of the Court of Justice – its scope is limited to analysis of the issues related to […]

Opinion of Advocate General Campos Sánchez-Bordona in the case C-343/19, Verein für Konsumenteninformation: ‘Dieselgate’-related claims and forum of the place where the damage occurred under Article 7(2) of the Brussels I bis Regulation

April 2, 2020 in /by

A non-profit consumer protection association established in Austria is bringing an action before the Austrian courts against a motor vehicle manufacturer with its registered office in Germany. The association asserts claims for damages, assigned to it by the purchasers of motor vehicles, and seeks the payment of a fixed amount and a declaration establishing the […]