New Research Positions at the MPI Luxembourg

The Max Planck Institute Luxembourg is currently recruiting new members for its team. Two  positions are open, one for a Research Fellow (PhD candidate) for the Department of European and Comparative Procedural Law, and one for a Senior Research Fellow for the same Department. In both cases the offer is for a fixed-term contract for at least 18 month – contract extension is possible.

Applications are to be made on line until 15th December 2017. Details of the offer and documents required are indicated there as well.

Task

For a period of at least 18 months, the Research Fellow/Senior Research Fellow will conduct legal research and cooperate at the Max Planck Institute Luxembourg within the project ‘Informed Choices in Cross-Border Enforcement’ which aims at analyzing the application of the 2nd generation Regulations (the EEO, the EPO, the ESCP and the EAPO) by European Courts, in order to determine why these instruments have so far failed to realize their full potential, and how to improve such situation.

Third Issue of 2017’s Rivista di diritto internazionale privato e processuale

(I am grateful to Prof. Francesca Villata – University of Milan – for the following presentation of the latest issue of the RDIPP)

The third issue of 2017 of the Rivista di diritto internazionale privato e processuale (RDIPP, published by CEDAM) was just released.

It features two articles and three comments. Read more

A Latest Article on Recognition and Enforcement of Foreign Judgments in PRC (Mainland China)

Alongside the intensifying global efforts (the Judgments Project, HCCH) devoted to inter-country recognition and enforcement of judgments in civil and commercial matters, a new stage has been witnessed of China’s positive treatment of foreign judgments ie China starts to reciprocate, following foreign courts’ initiative of recognizing and enforcing Chinese judgments. Dr. Wenliang Zhang, from the Law School of Renmin U, reflects on this new encouraging development and has just published a timely article in the latest issue of Chinese Journal of International Law (OUP) titled “Sino–Foreign Recognition and Enforcement of Judgments: A Promising “Follow-Suit” Model?”.

Call for Papers: ILA Regional Conference in Brazil, 23-25 May 2018

The Brazilian and Portuguese Branches of the International Law Association are organising a conference to be held in Belo Horizonte, Brazil, 23 to 25 May 2018. Those interested in participating may submit abstracts until 15 December 2017. More information here.

Call for Special Issue Proposals

per Matthias Goldmann

The German Law Journal has a successful tradition of publishing timely and innovative special issues. Some of these have become standard works in their respective areas of research. While some of the special issues are curated by the Editorial Board, the German Law Journal has often worked with guest editors. To ensure both the highest quality for our readers and the best possible experience for our guest editors, the German Law Journal has launched its third call for special issues and invites prospective guest editors to submit their proposals. The deadline is 31 January 2018. For more information, please visit http://www.germanlawjournal.com/call-for-special-issue-proposals

Read more

Habitual Residence in European Private International Law

Bettina Rentsch, Humboldt-University Berlin, has authored book about the concept of “habitual residence” in European private international law (Der gewöhnliche Aufenthalt im System des Europäischen Kollisionsrechts, ISBN 978-3-16-155172-7). Published by Mohr Siebeck, she sheds light on the concept as such and re-frames the ongoing academic debate with a focus on the relationship between habitual residence and party autonomy.

The book is in German, but the author has kindly provided us with the following English language summary:

European PIL has become increasingly heterogeneous in its legal foundations, shape and principles. Still, all so-called “Rome” regulations are homogeneous if not even uniform in their connecting factors: In the absence of Choice, the law applicable will determined by virtue of Habitual Residence. As a general baseline, the pairing of Party Autonomy and Habitual Residence is a common feature of all Rome regulations. While the recent rise of the former anhas given rise to widespread academic discussion, little has been said on why the EU legislator ever came to choose Habitual Residence as its primary “objective” connecting factor. Neither is there clarity on the political backgrounds nor on the secondary question of whether the former is identical in all contexts Habitual Residence is employed in.

Job Vacancy: Research Assistant (50%) at the University of Bonn, Germany

Professor Dr. Nina Dethloff, Institute for German, European and International Family Law, University of Bonn, Germany, is looking for a research assistant (WissMit) on a part-time basis (50%) as of 1 January 2018 or later.

The candidate should hold a first law degree (as the German First State Exam) and be interested in the international and European dimensions of family law, comparative law and private international law. A very good command of German is required. Knowledge of French and English or other languages is an asset, as are good IT skills.

The fellow will have the opportunity to conduct his or her PhD project (according to the Faculty’s regulations). The position is paid according to the German public salary scale E-13 TV-L, 50%.

Opinion of Advocate General Bobek on Articles 15 and 16 Regulation No 44/2001 (Schrems, Case C-498/16)

Written by Stephan Walter, Research Fellow at the Research Center for Transnational Commercial Dispute Resolution (TCDR), EBS Law School, Wiesbaden, Germany.

Today, Advocate General Bobek delivered his opinion in Schrems (Case C-498/16) on the interpretation of Articles 15 and 16 of Regulation No 44/2001.

The Austrian Supreme Court referred two preliminary questions to the CJEU:

(1) Is Article 15 of [Regulation No 44/2001] to be interpreted as meaning that a “consumer” within the meaning of that provision loses that status, if, after the comparatively long use of a private Facebook account, he publishes books in connection with the enforcement of his claims, on occasion also delivers lectures for remuneration, operates websites, collects donations for the enforcement of his claims and has assigned to him the claims of numerous consumers on the assurance that he will remit to them any proceeds awarded, after the deduction of legal costs?

50 Years of EU Private International Law in Therapy – Call for Papers

I have just received this Call for papers related to the International Seminar “50 Years of EU Private International Law in Therapy”, organized by the Spanish Association of Professors of International Law and International Relations (AEPDIRI) and the University of Valencia (Spain). It will be held in Valencia on January 25th, 2018.

The purpose of the seminar is to critically examine the five decades of codification of private international law in the EU, assessing its achievements and shortcomings, as well as its interaction with existing national and conventional responses, and with the practice of legal practitioners. In short, the seminar seeks to assess the regulatory and policy outcomes and their impact on the activity of EU operators and citizens. It covers the three classic fields of international jurisdiction, applicable law, and circulation of judgments and public documents in the European Union, without focusing on any specific act adopted by the EU. Future prospects for the process will also be addressed, considering the regulatory proposals on which the European Commission is working.

On the application of Art. 19.2 Service Regulation

In a recent ruling, the Supreme Court of Greece dismissed a cassation against an appellate decision, confirming the findings of the first instance ruling, which issued a default judgment against an Italian company, following the return of a non-service certificate by an Italian bailiff. The interesting part of the judgment is related to the application of Art. 19.2 Service Regulation. The questions raised are twofold:

First, the extent of efforts to be made by the Receiving Authority, before deciding to return the document to the Transmitting Authority.

Second, the presumption of the Greek Supreme Court that failure of the defendant to notify his change of abode, allows a court to continue with the proceedings, even when the change occurred before lis pendens.