Entries by Krzysztof Pacula

Opinion of Advocate General Campos Sánchez-Bordona in the case C-343/19, Verein für Konsumenteninformation: ‘Dieselgate’-related claims and forum of the place where the damage occurred under Article 7(2) of the Brussels I bis Regulation

A non-profit consumer protection association established in Austria is bringing an action before the Austrian courts against a motor vehicle manufacturer with its registered office in Germany. The association asserts claims for damages, assigned to it by the purchasers of motor vehicles, and seeks the payment of a fixed amount and a declaration establishing the […]

Opinion of Advocate General Tanchev in the case C-249/19, JE: Application of the law of the forum under Article 10 of the Rome III Regulation

In his Opinion delivered today, Advocate General Tanchev presents his take on Article 10 of the Regulation No 1259/2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation (commonly referred to as Rome III Regulation), under which ‘[w]here the law applicable pursuant to Article 5 or Article 8 makes […]

CJEU rules on the opposability of a choice-of-court clause contained in a large-risk insurance contract in relation to the insured: Case C-803/18, BALTA

The case concerns the question whether the Lithuanian courts have jurisdiction under the Brussels I bis Regulation to deal with a case involving an insurance payment claimed by a company established in Lithuania and covered by a civil liability insurance contract concluded between the policyholder and the insurer, both of whom are established in Latvia. […]

Opinion of Advocate General Bobek in the case C-41/19, FX: Jurisdiction to rule on an application opposing enforcement of a maintenance decision

In today’s Opinion, Advocate General Bobek analyses whether the courts of a Member State in which a maintenance decision delivered by the courts of another Member State is enforced have jurisdiction to rule on an application opposing the enforcement. More specifically, the reference for a preliminary ruling originates in a dispute between a maintenance debtor […]