Entries by Krzysztof Pacula

“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)

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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

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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

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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

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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 […]

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

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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

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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

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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 […]