Entries by Matthias Weller

Opinion of Advocate General Szpunar, Case C-253/19 – Novo Banco, on the COMI under the European Insolvency Regulation

Today, Advocate General Szpunar delivered his Opinion in Case C-253/19 – MH, NI v. OJ, Novo Banco SA. As is generally known, Article 3 of Regulation 2015/848, entitled ‘International jurisdiction’, provides in paragraph 1: ‘The courts of the Member State within the territory of which the centre of the debtor’s main interests is situated shall have jurisdiction […]

Germany’s Approach to Cross-border Corporate Social Responsibility of Enterprises: Latest Developments

by Marie Elaine Schäfer The cross-border expansion of EU companies’ economic activities not only leads to a globalised market, but also impacts human rights as well as the environment in countries worldwide. The recent rise of claims against EU companies for the violations committed by their subsidiaries located in third countries is a by-product of […]

Opinion of AG Szpunar on “civil and commercial matters“ according to Article 1(1) Brussels I bis Regulation in Case C-73/19 – Movic

Today, AG Szpunar delivered his Opinion on the request for a preliminary ruling from the hof van beroep te Antwerpen (Court of Appeal of Antwerp, Belgium) on the interpretation of “civil and commercial matters“ according to Article 1(1) Brussels I bis Regulation. The question was (para. 1o): “Is an action concerning a claim aimed at […]

Child abduction in times of corona

By Nadia Rusinova Currently large increases in COVID-19 cases and deaths continue to be reported from the EU/EEA countries and the UK. In addition, in recent weeks, the European all-cause mortality monitoring system showed increases above the expected rate in Belgium, France, Italy, Malta, Spain, Switzerland and the United Kingdom. It is not unreasonable to […]

The HCCH 2019 Judgments Convention: Prospects for Judicial Cooperation in Civil Matters between the EU and Third Countries – Conference on 25 and 26 September 2020, University of Bonn, Germany – Final Programme

Dear CoL Readers, While we are all deeply concerned about the still growing dimensions of the coronavirus pandemic, we did not want to give up working on the programme of our conference. Thanks to the HCCH, the Bonn PIL colleagues and our distinguished speakers, there is now a fantastic programme we would like to bring […]

CoL Maintenance / Email List

Dear CoL Readers, You will have experienced a few irregularities during the last week: Some posts had disappeared for a few days and were then re-posted and, as such, sent out again. This was due to the transfer of CoL to our new server which is now completed. In this process, we also worked over […]

„Matters relating to a contract“ without contract (with the claimant) – ECJ, Judgment of 26 March 2020, Case C-215/18, Libuše Králová v Primera Air Scandinavia A/S, on Article 5 no. 1 Brussels I Regulation

In this case, a Czech passenger entered into a package travel contract with a Czech travel agency on a flight from Prague to Keflavik in Iceland and on accommodation there. The flight was operated by the Danish air carrier Primera Air Scandinavia. The flight was delayed by four hours. This is why the passenger brought […]