Entries by Krzysztof Pacula

CJEU on Lugano II Convention and choice of court through a simple reference to a website, case Tilman, C-358/21

In its judgment handed down today, the Court of Justice clarifies in essence that, under the Lugano II Convention, an agreement of choice of court meets the requirements set in Article 23(1) and (2) of the Convention in the scenario where that choice of court agreement is contained in the general terms and conditions set […]

Conference on 8 December 2022: ‘Ukraine-Poland. The Choice of Law Aspects of War and Forced Displacement’

On December 8, 2022, under the patronage of, among others, the Consulate General of Ukraine in Cracow, the University of Silesia in Katowice (Poland) is hosting an international conference on the private international law aspects of forced displacement resulting from the current situation in Ukraine. The conference focuses on Polish-Ukrainian relations and the bilateral agreement […]

“To trust or not to trust – this is the question of private international law”. M. Weller on Mutual Trust, Recueil des Cours, vol. 423 (2022)

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 […]

CJEU on the time limits for refusal of acceptance of a document/for lodging an objection against a decision on enforcement, in the context of the Service Regulation, in the case LKW Walter, C-7/21

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 […]

CJEU on acquisition of new habitual residence under the 2007 Hague Protocol subsequently to a wrongful removal, case W.J., C-644/20

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 […]

AG Collins on interruption of a time limit set in the EOP Regulation by a national measure related to COVID-19, in the case Uniqa Versicherungen, C-18/21

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 […]