We’re very sorry for our disappearance over the last week or so, and we’re grateful to those of you who alerted members of our team to the problems in accessing the site. As it transpired, the problem was quite a serious one, and it has involved a great deal of fuss and bother to resolve it. But we are now back, and we’re back for good.
Tobias Lutzi, the author of this post, is an MPhil Candidate at the University of Oxford.
AG Saugmandsgaard Øe has delivered his opinion in Case C-572/14 AustroMechana, raising an interesting question as to the scope of Art. 5(3) Brussels I (= Art. 7(2) Brussels I recast).
The case concerns the so-called ‘blank-cassette levy’ that sellers of recording equipment have to pay under § 42b(1), (3) of the Austrian Copyright Act (Urheberrechtsgesetz – UrhG). The levy constitutes a compensation for the right to make private copies for personal use provided in § 42 UrhG. It is collected on behalf of the individual copyright holders by a copyright-collecting society called Austro-Mechana. According to the ECJ’s decision in Case C-521/11 Amazon.com, this system is consistent with the requirements of Art. 5(2) of the Copyright Directive (Directive 2001/29/EC).
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- The definitive account of the principles of international commercial litigation, regularly cited with approval by the courts
- Takes a strategic approach to litigation risk and examines the tactical choices facing litigants
- Structured to address issues as they arise in practice
- Embeds practical issues in the underlying principles of private international law
- In-depth coverage of recent legislation and case law
- Enhanced treatment of anti-suit injunctions, freezing injunctions, and jurisdiction agreements
- Extended treatment of the provisions of Regulation 1215/2012 (the recast Brussels Regulation on jurisdiction and judgments)
A new, major commentary on the Brussels I Regulation Recast has been published by Oxford University Press. Here’s the summary:
- The only text describing the provisions of the Regulation and their inter-relationship with one another, with focus on the changes introduced in the recast process
- Summarises the structure of the Regulation and the role played by the case law of the European Court of Justice
- A bibliography for each article enables readers to access other sources of commentary (including leading texts in key jurisdictions, monographs and articles)
- Critical analysis of the text of the relevant Articles and recitals are combined, with a short reference to the legislative history
Apologies for our recent outage, which many of you had noticed – thanks to those who emailed in and pointed out the problems with accessing posts, search, etc. We had gremlins of some variety in the database which powers conflictoflaws.net, and after much prodding and pushing they have cleared off. Everything should now be working normally again (if anyone does spot a fault, please do let me know.)
Top of my Christmas conflict of laws wish-list is this new work from Adrian Briggs, Private International Law in English Courts (OUP, 2014). The blurb:
This book offers a restatement of European and English Private International Law as it applies in the English courts. The author has set out to create a contemporary approach to private international law which is distinguished from the traditional approach of describing private international law through its common law foundations. The author places European Regulations, and related statutory material, at the front and centre of the book, reorganising private international law according to the principles that the law is increasingly European and decreasingly insular. As such the work constitutes an approach to the area which is essential for litigators dealing with questions of private international law influenced by forty years of European legislation. The in-depth discussion will also be valuable to academics specialising in private international law. Written by an academic who is also a practising barrister, this book seeks to highlight the techniques and principles which provide the hidden infrastructure and support mechanisms for the private international law rules of European law, as well as the remaining standing of the common law rules of private international law.
A new edited collection, Australian Private International Law for the 21st Century: Facing Outwards, has just been published by Hart/Bloomsbury. Edited by Andrew Dickinson, Mary Keyes and Thomas John, here’s the blurb:
Readers of this blog will know that our email updates (which allows you to subscribe to receive our new content directly into your inbox) had been broken for a while. The service we used, Feedburner, is no longer operational. We’re happy to say that we’ve now created a new email update subscription service for Conflict of Laws .net. You can subscribe here (the link is also permanently in the menu to the right.)
The blog has been updated to the latest software available, and we hope everything is working as it should be. If you spot a problem or bug, just let us know.
Many of you will have noticed that much of the functionality on the site has temporarily disappeared. This is intentional, or at least as intentional as it could be. I will not bore you with details of servers and software, backends and frameworks, but suffice to say when all of this was upgraded, it broke the design of the site. So, I am now working on a new design which does work, but this will take me a little time. Until then, you should still see all of the posts on here, receive of all the updates, and be able to comment as appropriate.
Building on the very successful Journal of Private International Law conferences in Aberdeen (2005), Birmingham (2007), New York (2009), and Milan (2011) the 5th Conference of the Journal will take place in Madrid on 12-13 September 2013. The organization of the Conference is shared by the Law Faculties of Universidad Autónoma de Madrid and Universidad Complutense. The Programme is reproduced in full below. All of the details on venue, accommodation and registration can be found on the conference website.
Thursday 12th September 2013
9.00 – 9.30 Registration
9.30 – 10.00 Welcome session (J. Harris + local judicial or academic authorities)
10.00 – 11.30 Panels