Long Live the Regulation? Brussels II ter Regulation becomes fully applicable
(by Krzysztof Pacula and Thalia Kruger) Starting from 1 August 2022, the
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Meanwhile lets just say that we are proud Krzysztof Pacula contributed a whooping 47 entries.
(by Krzysztof Pacula and Thalia Kruger) Starting from 1 August 2022, the
A. Introduction During the Summer of 2019, I attended one of the two flagship courses organised by the Hague Academy of International Law – the annual Summer Courses on Private International Law. I quite vividly recall that, during the opening lectures, one of the Professors welcomed the participants at the premises of the Academy, a […]
This Thursday, the Court of Justice handed down its judgment in the case LKW Walter, C-7/21. In this case, the request for a preliminary ruling originates in the proceedings on a litigation malpractice action, between a company established under Austrian law and the lawyers established in that Member State, who represented the said company in […]
Under the Hague Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations, maintenance obligations are governed by the law of the State of habitual residence of the creditor, save where the Protocol itself provides otherwise [Article 3(1)]. Echoing the issues pertaining to the so-called conflit mobile, the Protocol provides also that in […]
Where the habitual residence of the deceased at the time of death is not located in a Member State – or, more precisely – not located in a Member States bound by the Succession Regulation, the court of a Member State which finds that the deceased had the nationality of that State and held assets […]
In the judgment in
May the 30-day time limit within which the defendant has to sent a statement of opposition against a European order for payment, set in Article 16(2) of the Regulation No 1896/2006 (the EOP Regulation), be interrupted through application of the national provision that, for a specified timeframe related to the COVID-19 pandemic, provides for such […]
Under the Insolvency Regulation 2015, a transfer of the centre of main interests (COMI) of the debtor after lodging of the request for opening of insolvency proceedings affects the exclusive jurisdiction of the court seised with that application prior to the transfer? This is the legal issue that the Court addresses in the judgement delivered […]
This Thursday AG Pikamäe delivered his Opinion in the case LKW Walter, C-7/21. The request for a preliminary ruling originates in the proceedings on a litigation malpractice action, between a company established under Austrian law and the lawyers established in that Member State, who represented the said company in the proceedings in which it acted […]
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 […]