Entries by Matthias Weller

Out now: Explanatory Report on the HCCH Judgments Convention

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Today, the Explanatory Report (ER) was approved on the HCCH Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (HCCH Judgments Convention), prepared by the co-Rapporteurs, Professor Francisco Garcimartín and Professor Geneviève Saumier, with the assistance of the Permanent Bureau of the HCCH. The Explanatory Report will […]

Invitation: The HCCH 2019 Judgments Convention: Prospects for Judicial Cooperation in Civil and Commercial Matters between the EU and Third Countries — Pre-Conference Video Roundtable University of Bonn / HCCH on 29 October 2020

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      xxxxx     The HCCH 2019 Judgments Convention: Prospects for Judicial Cooperation in Civil and Commercial Matters between the EU and Third Countries   Pre-Conference Video Roundtable University of Bonn / HCCH   Thursday, 29 October 2020, 6.30 p.m. (UTC+1) (via Zoom)   Speakers: Dr Christophe Bernasconi, Secretary General of the HCCH […]

The Rohingya Conflict and the interface between public international law and private international law

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By Francisco Javier Zamora Cabot Despite the progress made towards its prevention and resolution, contemporary history continues to show us examples of human-induced catastrophes, such as the genocides in Rwanda and the Balkans or, in our days, the one that afflicts the Rohingya ethnicity. These are events that impact the conscience of humanity and that, […]

Mutual Trust: Judiciaries under Scrutiny – Recent reactions and preliminary references to the CJEU from the Netherlands and Germany

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I. Introduction: Foundations of Mutual Trust A crucial element element for running a system of judicial cooperation on the basis of mutual trust is sufficient trust in the participating judiciaries. EU primary law refers to this element in a more general way in that it considers itself to be based on „the rule of law“ […]

Out now: Festschrift for Herbert Kronke on the Occasion of his 70th Birthday: „National, International, Transnational: Harmonischer Dreiklang im Recht“

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On the occasion of the 70th birthday of Herbert Kronke, Professor emeritus of the University of Heidelberg, President of the German Institution of Arbitration and Arbitrator (Chairman, Chamber Three) at the Iran US Claims Tribunal at The Hague, Former Secretary-General of UNIDROIT, a large number of friends and colleagues gathered to honour a truly outstanding […]

Same Region, Two Different Rulings on Fake News at the Internet

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Fernando Pedro Meinero Recently, two criminal court decisions investigating the spread of fake news show the difficulty of determining the scope of national court jurisdiction over the internet. In Argentina, Google was successful in reversing a decision that determined the deindexation of a person’s name from search engines hosted outside the country. In this case, […]

ECJ on „civil and commercial matters“ under Article 1 (1) Brussels Ibis Regulation, judgment of 16 July 2020, C-73/19 – Movic

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The Court decided that Article 1(1) of Regulation (EU) No 1215/2012 of Brussels Ibis Regulation must be interpreted as meaning that an action where the opposing parties are the authorities of a Member State and businesses established in another Member State, in which those authorities seek, primarily, findings of infringements constituting allegedly unlawful unfair commercial […]