Entries by Krzysztof Pacula

CJEU on centre of main interests (COMI) and its subsequent transfer (and Brexit) under the Insolvency Regulation 2015 in the case Galapagos BidCo, C-723/20

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 […]

AG Pikamäe on the time limits for lodging an objection against a decision on enforcement, in the context of the Service and Brussels I bis Regulations, in the case LKW Walter, C-7/21

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 […]

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

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 […]

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

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 […]

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

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

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 […]

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

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

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 […]