CJEU judgment on jurisdiction for unpaid public parking ticket in Obala i lucice, C-307/19
Back in November 2020, we
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Entries by Krzysztof Pacula
Opinion of AG Campos Sánchez-Bordona in the case CNP, C-913/19: Brussels I bis Regulation and notion of “branch, agency or other establishment” in the insurance context
/in News/by Krzysztof PaculaThis Thursday, Advocate General Campos Sánchez-Bordona presented his Opinion in the case CNP, C-913/19. In this case, a Polish court asks the Court of Justice to interpret the special jurisdictional rules in matters relating to insurance contained in Section 3 of Chapter II of the Brussels I bis Regulation, in conjunction with Article 7(2) and […]
Opinion of AG Campos Sánchez-Bordona in the case C-709/19, Vereniging van Effectenbezitters: jurisdiction in matters of non-contractual liability in connection with investments in securities and collective actions
/in News/by Krzysztof PaculaIn his Opinion delivered last Thursday, AG Campos Sánchez-Bordona presents his take on determination of the place where the damage occurred (‘Erfolgsort’) under Article 7(2) of the Brussels I bis Regulation in the context of a collective action for declaration of liability in connection with investments in securities. The Opinion provides further clarification in relation […]
Opinion of AG Bobek in the case Obala i lucice, C-307/19: unpaid public parking ticket revisited
/in News/by Krzysztof PaculaIn today’s Opinion delivered in the case Obala i lucice, C-307/19, Advocate General Bobek revisits the line of case law built upon the judgment in Pula Parking, C-551/15, pertaining to the enforcement of unpaid public parking tickets by means of a writ of execution issued by a Croatian notary. This time both the Brussels I […]
Child Abduction Convention case and national procedural provisions determining who can be a party to the proceedings – currently under scrutiny in Poland
/in News/by Krzysztof PaculaIs 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 […]
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
/in News/by Krzysztof PaculaAn 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 […]
CJEU on the Brussels I bis Regulation and immunity from execution in Supreme Site and Others, C-186/19
/in News/by Krzysztof PaculaOn 3 September 2020, the Court of Justice delivered its Judgment in the case that had sparked considerable scholarly interest in recent months, namely in the case Supreme Site and Others, C-186/19. Back in June, due to the courtesy of María Barral Martínez, we presented an
CJEU on jurisdiction to adjudicate on an application opposing enforcement of a maintenance decision: Case C-41/19, FX
/in News/by Krzysztof PaculaBefore a court of a Member State of enforcement, a debtor lodges an application opposing enforcement of a maintenance decision given by a court of another Member State. The court of the Member State of enforcement asks the Court of Justice whether that application falls within the scope of the Maintenance Regulation or that of […]