With decision of 9th July 2008, the German Federal Supreme Court (Bundesgerichtshof) has referred a reference to the ECJ for a preliminary ruling on the interpretation of Art. 5 No. 1 (b) Brussels I Regulation. The German-Italian case concerns contracts for the delivery of goods to be manufactured or produced which, however, showed certain elements […]

Stefan Leible and Matthias Lehmann (both University of Bayreuth, Germany) have published an article on the Rome I Regulation: “Die Verordnung über das auf vertragliche Schuldverhältnisse anzuwendende Recht (“Rom I”). The article has appeared in the August issue of the German legal journal Recht der Internationalen Wirtschaft (RIW), 2008, pp. 528-544. The authors have kindly […]

David-Christoph Bittmann: “Vom Exequatur zum qualifizierten Klauselerteilungsverfahren” This new German publication analyses from a comparative perspective as to whether the new procedure introduced by Regulation (EC) No 805/2004 creating a European Enforcement Order for Uncontested Claims actually constitutes an advancement for the creditor without disregarding the debtor’s rights in comparison with the previous exequatur proceedings. […]

Two new references for preliminary rulings on the Brussels I Regulation have been referred to the ECJ: 1. The Hof van Cassatie van België has referred the following question to the ECJ: Is a creditor who pursues a claim in the name and for the account of his debtor a party within the meaning of […]

Another reference for a preliminary ruling on the Brussels II bis Regulation has been referred to the ECJ, this time by the Republic of Lithuania. The Lithuanian court (Lietuvos Aukš?iausiasis Teismas) has referred the following questions to the ECJ: Can an interested party within the meaning of Article 21 of Council Regulation (EC) No 2201/2003 […]