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

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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 determining and stopping unlawful market practices and/or commercial practices towards consumers, instituted by the Belgian Government in respect of Dutch companies which from the Netherlands, via websites, focus on a mainly Belgian clientele for the resale of tickets for events taking place in Belgium, (…) a civil or commercial matter within the meaning of Article 1(1) of [Regulation 1215/2012], and can a judicial decision in such a case, for that reason, fall within the scope of that regulation?“

The relevant Belgium law prohibits, amongst others, the resale of event admission tickets. In addition, the business practice in question falls under the unfair business-to-consumer commercial practices legislation in Belgium. In both cases, the President of the Commercial Court deals with the matter. Actions are brought at the request of the competent minister of the Belgium Government. A variety of measures of relief was sought in the proceedings at hand: (1) a declaration that unfair commercial practices have taken place, (2) an order for cessation of those practices, (3) an order to publicise the court’s decision about the infringement at the expense of the defendants, (4) an order for penalty payments to be made in a fixed amount in respect of every future infringement, and (5) a ruling permitting the fact of such infringement to be certified simply by means of a report drawn up by an official, on oath, of the Algemene Directie Economische Inspectie (Directorate-General for Economic Inspection).

The matter thus was whether or to what extent the expression “civil and commercial matters” in Article 1(1) of the Brussels I bis Regulation, encompasses proceedings of that kind between the authorities of a Member State and private law entities established in another Member State. Evidently, this matter touches upon the delicate question of a private-public divide which generally is perceived to be more and more blurring (see e.g. Burkhard Hess, The Private-Public Divide in International Dispute Resolution, Recueil des Cours Vol. 388, The Hague 2018). Nevertheless, many instruments of Private International Law of the European Union make use of this divide to delineate their respective material scope of application and it may indeed be assumed that the term „civil and commercial matters“ should be interpreted not only autonomously but also consistently across the respective instruments (para. 41, with reference to the ECJ’s judgment of 28 July 2016, Verein für Konsumenteninformation, C?191/15, EU:C:2016:612, paragraph 39), at least in principle. The ECJ has struggled with this question in the past and has tended towards a broad understanding of civil and commercial matters, see e.g. ECJ, judgment of 9 March 2017, C-551/15, EU:C:2017:193 – Pula Parking, for a comment (mainly on other aspects of the case) on this blog see here; see also the recent Opinion by AG Spzunar in Rina, C-641/18, EU:C:2020:3, reported on this blog here. The judgment in Rina is expected to be handed down soon (originally scheduled for 7 May 2020, but was postponed – we will keep you posted). The Opinion im Movic seems to continue this tendency:

The following considerations were taken into account: (1) what does the nature of interests of the public authority to issue its request to the court need or not need to be (paras. 24 et seq.); (ii) in what way does the authority’s powers of investigation influence the analysis (paras. 48 et seq.), and (iii) whether the authority is granted special powers not available to private persons (here in particular the power to certify that infringements have occurred) contribute to the analysis (paras. 63 et seq.).

On the basis of this analysis, AG Szpunar proposed (para. 80) that

“proceedings relating to an action brought by the public authorities of a Member State against persons governed by private law established in another Member State, in which a declaration is sought that infringements constituting unfair commercial practices have taken place, together with an order for the cessation of those practices, an order for measures of publicity at the expense of the defendants, and an order for penalty payments to be made in a fixed amount in respect of every future infringement, fall within the scope of ‘civil and commercial matters’ within the meaning of that provision. On the other hand, such proceedings do not fall within the scope of that expression in so far as they relate to an action in which the public authorities seek the grant of special powers that go beyond those arising from the rules applicable in relationships between private individuals.“

The full text of the Opinion is available here.

 

Out now: List of China’s Cases on Recognition of Foreign Judgments

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Written by Dr Meng Yu and Dr Guodong Du, co-founders of China Justice Observer. [Note: Click on the tables to enlarge them.]

A list of cases on the recognition and enforcement of foreign judgments between China and twenty (20) States and regions has been published by China Justice Observer, a legal information provider based in Beijing. This is a project sponsored by the Academy for the Rule of Law at China University of Political Science and Law. The contributors are Dr. Meng Yu and Dr. Guodong Du, co-founders of China Justice Observer.

You can download the List at:

https://www.chinajusticeobserver.com/a/list-of-chinas-cases-on-recognition-of-foreign-judgments.

The Case List is made available for the readers to build reasonable expectations on recognition and enforcement of foreign judgments (“REFJ”) in China. It comprises public Chinese court decisions involving REFJ, and many (if not all) foreign counterparts concerning the recognition and enforcement of Chinese judgments. Please note that foreign divorce judgments are excluded in the Case List.

To date, China Justice Observer has collected 57 cases involving China and 20 foreign States and regions. The Case List is continually updated with new reports. Case information, comments, and suggestions are most welcome. Please feel free to contact Dr. Meng Yu via e-mail at meng.yu@chinajusticeobserver.com.

For an overview of the disposition of cases on recognition of foreign judgments, please see table 1 below.

For information about bilateral judicial assistance treaties that China and 39 States have concluded, please see table 2 below.

For the detailed country(region) report about cases on recognition of foreign judgments, please see the following charts.

  1. America (USA) – China

To date, there are 13 court decisions involving the REFJ between China and the United States of America. More specifically:

  • In China, there are 7 cases, among which, Chinese courts recognized US judgments in 2 cases, while refused to recognize US judgments in 3 cases.
  • In the US, there are 6 cases, among which, the US courts recognized Chinese judgments in 4 cases, while refused to recognize Chinese judgments in 1 case.

Have China and the US concluded any treaty concerning REFJ? No.

What is the prerequisite and basis for Chinese courts to review US judgments? Reciprocity.

For the case info, please see the list above.

  1. Australia – China

To date, there are 4 court decisions involving the REFJ between China and Australia. More specifically:

  • In China, there is one case, where the Chinese court refused to recognize an Australian judgment.
  • In Australia, there are 3 cases, among which, the Australian courts recognized Chinese judgments in 2 cases, while refused to recognize Chinese judgments in 1 case.

Have China and Australia concluded any treaty concerning REFJ? No.

What is the prerequisite and basis for Chinese courts to review Australian judgments? Reciprocity.

For the case info, please see the list above.

  1. British Virgin Islands (BVI) – China

To date, there is one court decision involving the REFJ between China and the British Virgin Islands (BVI). More specifically:

  • In the BVI, there is one case, where the BVI court recognized a Chinese judgment.

Have China and the BVI concluded any treaty concerning REFJ? No.

What is the prerequisite and basis for Chinese courts to review the BVI judgments? Reciprocity.

For the case info, please see the list above.

  1. Canada – China

To date, there is one court decision involving the REFJ between China and Canada. More specifically:

  • In Canada, there is one case, where the Canadian court recognized a Chinese judgment.

Have China and Canada concluded any treaty concerning REFJ? No.

What is the prerequisite and basis for Chinese courts to review Canadian judgments? Reciprocity.

For the case info, please see the list above.

  1. Chad – China

To date, there is one court decision involving the REFJ between China and Chad. More specifically:

  • In China, there is one case, where the Chinese court refused to recognize a Chadian judgment.

Have China and Chad concluded any treaty concerning REFJ? No.

What is the prerequisite and basis for Chinese courts to review Chadian judgments? Reciprocity.

For the case info, please see the list above.

  1. France – China

To date, there are 5 court decisions involving the REFJ between China and France. More specifically:

  • In China, there are 5 cases, among which, Chinese courts recognized French judgments in 3 cases, while refused to recognize French judgments in 2 cases.

Have China and France concluded any treaty concerning REFJ? Yes.

What is the prerequisite and basis for Chinese courts to review French judgments? The bilateral treaty.

For the case info, please see the list above.

  1. Germany – China

To date, there are 4 court decisions involving the REFJ between China and Germany. More specifically:

  • In China, there are 3 cases, among which, Chinese courts recognized German judgments in one case, while refused to recognize German judgments in 2 cases.
  • In Germany, there is one case, where the German court recognized a Chinese judgment.

Have China and Germany concluded any treaty concerning REFJ? No.

What is the prerequisite and basis for Chinese courts to review German judgments? Reciprocity.

For the case info, please see the list above.

  1. Israel – China

To date, there are 2 court decisions involving the REFJ between China and Israel. More specifically:

  • In China, there is one case, where the Chinese court refused to recognize an Israeli judgment.
  • In Israel, there is one case, where the Israeli court recognized a Chinese judgment.

Have China and Israel concluded any treaty concerning REFJ? No.

What is the prerequisite and basis for Chinese courts to review Israeli judgments? Reciprocity.

For the case info, please see the list above.

  1. Italy – China

To date, there are 4 court decisions involving the REFJ between China and Italy. More specifically:

  • In China, there are 4 cases, among which, Chinese courts recognized Italian judgments in one case, while refused to recognize Italian judgments in 3 cases.

Have China and Italy concluded any treaty concerning REFJ? Yes.

What is the prerequisite and basis for Chinese courts to review Italian judgments? The bilateral treaty.

For the case info, please see the list above.

  1. Japan – China

To date, there are 4 court decisions involving the REFJ between China and Japan. More specifically:

  • In China, there are 2 cases, where Chinese courts refused to recognize Japanese judgments.
  • In Japan, there are 2 cases, where the Japanese court refused to recognize Chinese judgments.

Have China and Japan concluded any treaty concerning REFJ? No.

What is the prerequisite and basis for Chinese courts to review Japanese judgments? Reciprocity.

For the case info, please see the list above.

  1. Malaysia – China

To date, there is one court decision involving the REFJ between China and Malaysia. More specifically:

  • In China, there is one case, where the Chinese court refused to recognize a Malaysian judgment.

Have China and Malaysia concluded any treaty concerning REFJ? No.

What is the prerequisite and basis for Chinese courts to review Malaysian judgments? Reciprocity.

For the case info, please see the list above.

  1. Netherlands – China

To date, there is one court decision involving the REFJ between China and the Netherlands. More specifically:

  • In the Netherlands, there is one case, where the Dutch court recognized a Chinese judgment.

Have China and the Netherlands concluded any treaty concerning REFJ? No.

What is the prerequisite and basis for Chinese courts to review Dutch judgments? Reciprocity.

For the case info, please see the list above.

  1. Poland – China

To date, there is one court decision involving the REFJ between China and Poland. More specifically:

  • In China, there is one case, where the Chinese court recognized a Polish judgment.

Have China and Poland concluded any treaty concerning REFJ? Yes.

What is the prerequisite and basis for Chinese courts to review Polish judgments? The bilateral treaty.

For the case info, please see the list above.

  1. Russia – China

To date, there is one court decision involving the REFJ between China and Russia. More specifically:

  • In China, there is one case, where the Chinese court recognized a Russian judgment.

Have China and Russia concluded any treaty concerning REFJ? Yes.

What is the prerequisite and basis for Chinese courts to review Russian judgments? The bilateral treaty.

For the case info, please see the list above.

  1. Singapore – China

To date, there are 3 court decisions involving the REFJ between China and Singapore. More specifically:

  • In China, there are 2 cases, where Chinese courts recognized Singaporean judgments.
  • In Singapore, there is one case, where the Singaporean court recognized Chinese judgments.

Have China and Singapore concluded any treaty concerning REFJ? No, but the heads of the supreme courts in China and Singapore signed China-Singapore Memorandum of Guidance on Recognition and Enforcement of Money Judgments (Memorandum of Guidance).

What is the prerequisite and basis for Chinese courts to review Singaporean judgments? Reciprocity.

For the case info, please see the list above.

  1. South Korea – China

To date, there are 4 court decisions involving the REFJ between China and South Korea. More specifically:

  • In China, there are 3 cases, among which, the Chinese courts recognized a South Korean judgment in one case, while refused to recognize South Korean judgments in 2 cases.
  • In South Korea, there is one case, where the South Korean court recognized a Chinese judgment.

Have China and South Korea concluded any treaty concerning REFJ? No.

What is the prerequisite and basis for Chinese courts to review South Korean judgments? Reciprocity.

For the case info, please see the list above.

  1. Turkey – China

To date, there is one court decision involving the REFJ between China and Turkey. More specifically:

  • In China, there is one case, where the Chinese court recognized a Turkish judgment.

Have China and Turkey concluded any treaty concerning REFJ? Yes.

What is the prerequisite and basis for Chinese courts to review Turkish judgments? The bilateral treaty.

For the case info, please see the list above.

  1. UAE – China

To date, there are two court decisions involving the REFJ between China and the UAE. More specifically:

  • In China, there are two cases, where the Chinese courts recognized UAE judgments.

Have China and the UAE concluded any treaty concerning REFJ? Yes.

What is the prerequisite and basis for Chinese courts to review UAE judgments? The bilateral treaty.

For the case info, please see the list above.

  1. UK – China

To date, there are 2 court decisions involving the REFJ between China and the UK. More specifically:

  • In China, there is one case, where the Chinese court refused to recognize British judgments.
  • In the UK, there is one case, where the British court recognized a Chinese judgment.

Have China and the UK concluded any treaty concerning REFJ? No.

What is the prerequisite and basis for Chinese courts to review British judgments? Reciprocity.

For the case info, please see the list above.

  1. Uzbekistan – China

To date, there are two court decisions involving the REFJ between China and Uzbekistan. More specifically:

  • In China, there are two cases, where the Chinese courts refused to recognize Uzbekistani judgments.

Have China and Uzbekistan concluded any treaty concerning REFJ? Yes.

What is the prerequisite and basis for Chinese courts to review Uzbekistani judgments? The bilateral treaty.

For the case info, please see the list above.

 

Singapore Convention on Mediation to enter into force on 12 September 2020

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Qatar is the third signatory State to the UN Convention on International Settlement Agreements Resulting from Mediation (“Singapore Convention on Mediation”) to have ratified it. The other two are Singapore and Fiji (see previous post here). The Convention will enter into force after the deposit of three instruments of ratification. As Qatar deposited its instrument of ratification on 12 March 2020, the Convention will enter into force on 12 September 2020. The status table may be found here. 

Out now: Mankowski, Peter (ed.), Research Handbook on the Brussels Ibis Regulation

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A most useful new research handbook in European Law is on the table – highly recommended! The publisher’s blurb reads:

„The Brussels Ibis Regulation is the magna carta for jurisdiction and the free circulation of judgments in civil and commercial matters in the EU, and forms a cornerstone of the internal market. This timely Research Handbook addresses the cutting edges of the regime, in particular its place within the overall system of EU law and its adaptations in response to specific kinds of lawsuits or the needs of particular industries.

Featuring original research by leading academics from across Europe, chapters take a systematic approach to examining a broad variety of topics in relation to the Brussels Ibis Regulation. Such topics include collective redress, injunctive relief, lis pendens and third states, negotiorum gestio, arbitration, intellectual property lawsuits, and its interface with the European Insolvency Regulation (Recast). Moving beyond what is offered by textbooks and commentaries, this incisive Research Handbook analyses the most recent developments in legislation and practice, as well as providing an outlook on the future of this field of EU law.

This Research Handbook will prove a critical read for scholars and students of EU law. Judges and practitioners working in this area will also find its insights to be of significant practical relevance.

Contributors: T.M.C. Arons, S. Bollée, T.W. Dornis, P. Franzina, T. Garber, C. Heinze, A. Leandro, L.D. Loacker, P. Mankowski, F. Marougiu Buonaiuti, J. Meeusen, D. Moura Vicente, G. Payan, A. van Hoek, C. Warmuth, M.M. Winkler; Edward Elgar: Cheltenham/Northampton, MA 2020 ISBN 978-1-78811-079-22020  392 pp  Hardback  978 1 78811 078 5  £165.00 / $255.00“.

The eBook version is priced from £22/$31 from Google Play, ebooks.com, and other eBook vendors, while in print the book can be ordered from the Edward Elgar Publishing website.

The Japanese Yearbook of International Law (Vol. 62, 2019)

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The latest Volume of the Japanese Yearbook of International Law (Vol. 62, 2019) has been released. The Volume dedicates one section to the introduction of the new legislation on international jurisdiction of Japanese courts in family matters. (For an introduction of the new rules relating to international jurisdiction in matter of divorce, see Yasuhiro Okuda, “New Rules of International Jurisdiction over Divorce in Japanese Courts”, Yearbook of Private International Law, Vol. 20 (2018/2019), pp. 61-72).

The Volume also contains an English translation of the new rules as well as English translation of some court decisions relating to public and private international law.

Relevant content include the following:

NEW LEGISLATION ON THE INTERNATIONAL JURISDICTION OF JAPANESE COURTS ON PERSONAL STATUS LITIGATIONSAND DOMESTIC RELATIONS CASES

Aki Kitazawa, Introductory Note, p. 118

Yuko Nishitani, New International Civil Procedure Law of Japan in Status and Family Matters, p. 119

Yuko Nishitani, International Adjudicatory Jurisdiction in Matrimonial Matters in Japan, p. 151

Masako Murakami, International Jurisdiction of Child-Related Cases in Japan, p. 189

Takami Hayashi, International Jurisdiction in Case Related to Succession: New Rules in Japan, p. 209

Manabu Iwamoto, Recognition and Enforcement of Foreign Decisions on Personal Status Litigation and Family Relations Cases, p. 226

JUDICIAL DECISIONS IN JAPAN

Public International Law

Tokyo High Court, Judgment, December 14, 2017, p. 426

Compensation for War Injuries – Individuals’ Right to Seek Compensation under Additional Protocol I to the Geneva Conventions in 1977 – Individuals’ Right to Seek Compensation under Customary International Law

Nagoya High Court, Judgment, April 11, 2018, p. 433

Immigration Control and Refugee Recognition Act – Enforced Deportation – Circumstances to Be Taken into Account – De Facto Marriage with a Nikkei Nisei (Second Generation of Japanese Emigrant)

Tokyo District Court, Judgment, February 28, 2018, p. 440

Dispute over an Employment Contract – Immunity from the Civil jurisdiction of Diplomatic Agent – Article 31(1)(c) of the Vienna Convention on Diplomatic Relations

 Tokyo District Court, Judgment, March 20, 2018, p. 443

Application for Reconsideration of Refugee Status by Persons Who Have Already Left japan – Definition of Refugees – Burden of Proof- Situation in Syria

 Tokyo District Court, Judgment, July 5, 2018, p. 447

Tbe Cessation Clause – Article 1-C(5) of the Refugee Convention – Burden of Proof- Situation in Sri Lanka

Private International Law

Supreme Court (1st Petty Bench), Judgment, March 15, 2018, p. 452

International Child Abduction – Habeas Corpus Relief

Tokyo High Court, Judgment, June 29, 2017, p. 455

Jurisdiction over the Claim Based on Non-performance of Carriage Contract – Piercing the Corporate Veil

Tokyo High Court, Decision, June 30, 2017, p. 458

Order of Seizure – Applicable Law of Statutory Lien 

Tokyo High Court, Decision, August 1, 2018, p. 462

Setting aside of Arbitral Award – Procedural Public Policy

Tokyo District Court, Decision, June 12, 2018, p. 468

Applicable Law of the Claim Arising from a Tort of Defamation – Disclosure of Identification Information of the Sender- Word of Mouth on the Website

 DOCUMENT

National Legislation Act for the Partial Revision of the Personal Status Litigation Act, Etc. (Act No. 20 of April 25, 2018), p. 486

More information on the Yearbook (former Annual) and the content of its past volumes is available at http://www.ilajapan.org/jyil/.

Dr Jan De Bruyne presents on ‘Regulating Artificial Intelligence in the European Union: Legal and Ethical Aspects’.

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Dr Jan De Bruyne presented a paper at the Research Seminar Series at the School of Law, the University of Queensland, Australia discussing ‘Regulating Artificial Intelligence in the European Union: Legal and Ethical Aspects’ on 17 April 2020.

Artificial intelligence (AI) has become an area of strategic importance and a key driver of economic development. It has many benefits and can bring solutions to several societal challenges. At the same time, however, legal and ethical challenges remain and have to be carefully addressed. It is, therefore, not surprising that the regulation of AI is probably one of the most debated legal topics in the European Union (EU) and several of its Member States. This debate has only been strengthened with the recent European Commission’s White Paper on Artificial Intelligence – A European approach to excellence and trust.

Some argue that the law will need a fundamental make-over to deal with the reality of AI. The question that arises from a legal point of view is thus whether the existing longstanding legal principles are compatible with these technological evolutions or, instead, new legislation will need to be adopted. After a more general overview of the existing legal and ethical framework on AI in the European Union, I will proceed with an analysis of the situation for damage caused by AI systems such as autonomous vehicles to find an answer to that question. The analysis uncovers some difficulties in the application of traditional tort law principles. Reliance on a fault-based liability regime, for instance, will become uncertain in the context of autonomous vehicles. Liability in traffic-related matters will, therefore, evolve from a fault-based mechanism towards forms of strict liability. Particular attention is thereby given to the application of the EU Product Liability Directive. It will eventually be assessed who should be held liable for the damage caused by self-driving cars and other AI systems by an extension (de lege ferenda).

 

Details of the presentation may be found at: https://law.uq.edu.au/event/session/13582

Call for papers: Balkan Yearbook of European and International Law

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Your articles on private (and public) aspects of European and International Law may now be submitted for publication in Balkan Yearbook of European and International Law. The BYEIL also welcomes comments, book reviews and notes on recent case law.

The currently open call for papers welcomes submissions falling within the above description, as well as ones related to the CISG marking the 40th anniversary of the convention. The call, with the contact details, is available BYEIL call for papers 2020.

Useful reading in times of corona and just released: The Guide to Good Practice on the Use of Video-Link under the HCCH 1970 Evidence Convention

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Yesterday the Hague Conference on Private International Law (HCCH) announced the publication of the Guide to Good Practice on the Use of Video-Link under the 1970 Evidence Convention. It is available in both English and French.

Needless to say that this publication comes in very handy in times of COVID-19 as borders are closed and travel is hampered. Hopefully, it will encourage Contracting States and everyone involved in cross-border litigation to make further use of videoconference in the taking of evidence abroad.

See our previous post here for some quick thoughts on the Guide. And in this regard, see pages 46 to 49 of the Guide. See also its Glossary; I include two main concepts below:

Direct taking of evidence

“The procedure of taking of evidence whereby the authority in the Requesting State before which proceedings are pending conducts the witness / expert examination directly.”

Indirect taking of evidence

“The procedure of taking of evidence whereby an authority in the Requested State in whose territory the witness / expert is located conducts the witness / expert examination.”

It is the direct taking of evidence that video-link is usually meant to facilitate but of course it can also assist in the indirect taking of evidence (e.g. the parties and representatives may be present by video-link).

The HCCH news item is available here.

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

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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 to your attention in this post (see below).

Meanwhile, we will closely follow the instructions of the University of Bonn as well as the German local and federal governments and travel restrictions in other countries to see whether the conference can take place on site. We have not yet given up optimism in this respect. Yet, safety must be first. This is why we are setting up structures for a video conference via zoom in case we need it. We assume that all of you would agree to proceeding via zoom if necessary. We will take a final and corona risk-averse decision on this during July and keep you posted. Please do not hesitate to register with us (sekretariat.weller@jura.uni-bonn.de) if you wish to be updated by email.

Looking forward to seeing you in Bonn in September!

***

Brexit has become reality – one more reason to think about the EU’s Judicial Cooperation with third states:

The largest proportion of EU economic growth in the 21st century is expected to arise in trade with third countries. This is why the EU is building up trade relations with many states and other regional integration communities in all parts of the world. The latest example is the EU-MERCOSUR Association Agreement concluded on 28 June 2019. With the United Kingdom’s exit of the Union on 31 January 2020, extra-EU trade with neighboring countries will further increase in importance. Another challenge for the EU is China’s “Belt and Road Initiative”, a powerful global development strategy that includes overland as well as sea routes in more than 100 states around the globe.

The increasing volume of trade with third states will inevitably lead to a rise in the number and importance of commercial disputes. This makes mechanisms for their orderly and efficient resolution indispensable. China is already setting up infrastructures for commercial dispute resolution alongside its belts and roads. In contrast, there seems to be no elaborate EU strategy on judicial cooperation in civil matters with countries outside of the Union, despite the DG Trade’s realisation that “trade is no longer just about trade”. Especially, there is no coherent plan for establishing mechanisms for the coordination of cross-border dispute resolution and the mutual recognition and enforcement of judgments. This is a glaring gap in the EU’s policy making in external trade relations.

This is why the Bonn group of PIL colleagues – Moritz Brinkmann, Nina Dethloff, Matthias Lehmann, Philipp Reuss, and Matthias Weller – will host a conference on Friday and Saturday, 25 and 26 September 2020, at the University of Bonn that seeks to explore ways in which judicial cooperation in civil matters between the EU and third countries can be improved by the HCCH 2019 Judgments Convention as an important driver, if not game changer, of legal certainty in cross-border commercial relations.

The list of speakers includes internationally leading scholars, practitioners and experts from the Hague Conference on Private International Law (HCCH), the European Commission (DG Trade, DG Justice), and and the German Federal Ministry of Justice and Consumer Protection (Bundesministerium der Justiz und für Verbraucherschutz)

The Conference is co-hosted by the HCCH as one of the first European events for discussing the HCCH 2019 Judgments Convention. The Conference will be further supported by the Zentrum für europäisches Wirtschaftsrecht at the University of Bonn and The International Litigation Exchange (ILEX).

The Organizers will kindly ask participants to contribute with € 100.- to the costs of the event (includes conference dinner).

Dates:

Friday, 25 September 2020, and Saturday, 26 September 2020.

Venue:

Friday:

Universitätsclub Bonn, Konviktstraße 9, D – 53113 Bonn

Saturday:

Main Auditorium (Aula), Hauptgebäude, Am Hof 21, 53113 Bonn

Registration: sekretariat.weller@jura.uni-bonn.de

Registration Fee: € 100.-

To be transferred to the following account (you will receive confirmation of your registration only after payment was booked on this account):

Bonn Conference 2020

IBAN: DE71 5001 0517 0092 1751 07

BIC:    INGDDEFF (ING-Diba Bank)

 

Programme

Friday, 25 September 2020

1.30 p.m.     Registration

2 p.m.          Welcome note

Prof Dr Wulf-Henning Roth, University of Bonn, Director of the Zentrum für Europäisches Wirtschaftsrecht (ZEW)

Dr Christophe Bernasconi, Secretary General of the HCCH (video message)

2.10 p.m.      Part 1: Chances and Challenges of the HCCH 2019 Judgments Convention

Chairs of Part 1: Prof Dr Matthias Weller / Prof Dr Matthias Lehmann

Keynote: Hague Conference’s Perspective and Experiences

Hans van Loon, Former Secretary General of the Hague Conference on Private International Law, The Hague

  1. Scope of application

Prof Dr Xandra Kramer, Erasmus Universiteit Rotterdam

  1. Judgments, Recognition, Enforcement

Prof Dr Wolfgang Hau, Ludwig-Maximilians-Universität Munich

Discussion

3.30 p.m.     Coffee Break

4.00 p.m.      Part II: Chances and Challenges of the HCCH 2019 Judgments Convention

Chairs of Part 2: Prof Dr Nina Dethloff / Prof Dr Moritz Brinkmann

  1. Jurisdictional filters

Prof Dr Pietro Franzina, Catholic University of Milan

  1. Grounds for refusal

Prof Dr Francisco Garcimartín Alférez, University of Madrid

Discussion

5.30 p.m.     Panel Discussion: Prospects for Judicial Cooperation in Civil Matters between the EU and Third Countries

Chairs of Part 3: Prof Dr Matthias Weller / Prof Dr Matthias Lehmann

Colin Brown, Unit Dispute Settlement and Legal Aspects of Trade Policy, DG Trade (tbc)

Andreas Stein, Head of Unit, DG JUST – A1 “Civil Justice”

Dr Jan Teubel, German Federal Ministry of Justice and Consumer Protection

RA Dr Heiko Heppner, Attorney at Law (New York), Barrister and Solicitor Advocate (England and Wales), Chair of ILEX, Head of Dispute Resolution, Partner Dentons, Frankfurt

and perhaps more…

Discussion

7 p.m.          Conference Dinner

  

Saturday, 26 September 2020

9.00 a.m.      The context of the HCCH 2019 Judgments Convention

Chairs of Part 4: Prof Dr Moritz Brinkmann / Prof Dr Philipp Reuss

  1. Lessons from the Genesis of the Judgments Project

Dr Ning Zhao, Senior Legal Officer, HCCH

  1. Relation to the HCCH 2005 Convention on Choice of Court Agreements

Prof Paul Beaumont, University of Stirling

  1. Relations to the Brussels Regime / Lugano Convention

Prof Marie-Elodie Ancel, Université Paris-Est Créteil

  1. Brexit…

Dr Pippa Rogerson, Reader in Private International Law, Faculty of Law, Cambridge

Discussion

11:00 a.m.    Coffee Break

11:30 a.m.    Chairs of Part 5: Prof Dr Nina Dethloff / Prof Dr Matthias Lehmann

  1. South European Neighbouring and Candidate Countries

Ass. Prof Dr Ilija Rumenov, Ss. Cyril and Methodius University, Skopje, Macedonia

  1. MERCOSUR

Dr Veronica Ruiz Abou-Nigm, Director of Internationalisation, Senior Lecturer in International Private Law, School of Law, University of Edinburgh

  1. China (OBOR)

Prof Zheng (Sophia) Tang, University of Newcastle

  1. International Commercial Arbitration

Jose Angelo Estrella-Faria, Senior Legal Officer UNCITRAL Secretariat, International Trade Law Division Office of Legal Affairs, United Nations, Former Secretary General of UNIDROIT

Discussion

1.30 p.m.     Closing Remarks

Dr João Ribeiro-Bidaoui, First Secretary, HCCH

 

Covid-19 and overriding mandatory provisions

/1 Comment/in /by

By virtue of an ‘Act of Legislative Content’ pursuant to Article 44 Greek Constitution, the Hellenic Republic passed on April 13 a series of urgent measures for the overall protection of the public against the virus. Among the multitude of provisions emanating from various ministries, four articles feature an identical overriding mandatory rule.

In particular, the rule concerns four categories: Cancellation of flights [Article 61]; cancellation of marine transport (carriage of passengers) [Article 65]; package travel and linked travel arrangements [Article 70]; and contracts between tourism industry enterprises [Article 71]. The content of the provisions is common: instead of reimbursement, it offers the option of vouchers by carriers and businesses in the respective branches.

The wording is the following:

Provided that the pertinent rights are regulated by EU law, the above provisions shall additionally apply mandatorily to contracts concluded between the parties, irrespective whether they agreed on the application of Greek or foreign law.

 Understandably, the above provisions raise interesting questions of PIL; Matthias Lehmann provided a first glance of the potential problems here.

This blog has dealt with the topic in respect to Italy here.