LEX & FORUM, VOLUME 1/2022

With this present issue, Lex & Forum enters its second year of publication. The first four issues of the previous year were dedicated to the fundamental and most current issues of European private/procedural international law: the judicial cooperation after BREXIT (1st issue), the impact of 40 years since Greece joined the European Union to the internal Procedural Law (2nd issue), the importance of private autonomy in European private/procedural international law (3rd issue) and the accession of the European Union to the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters 2019 (4th issue). During the second year, the focus of the issues will now be shifting to individual disputes, influenced by European  procedural or private international law. The focus of the present issue refers to maritime differences, which are particularly important for our country. As data shows, while the population of Greece represents only 0.15% of the world population, the Greek-owned ships represent almost 21% of the world tonnage and 53% of the EU merchant fleet. Greek shipowners lead the world rankings in ship ownership with 17% for 2021, compared to colossal countries in terms of population and economy, such as China (15%) and Japan (12%) (data: IUMI 2021). Under these circumstances, maritime differences at the European and global scale are a particularly crucial chapter for our country’s economy and fully justify the involvement of this focus on this issue.

The ‘Praefatio’ of this Lex&Forum issue has the great honor of hosting the valuable thoughts of the former President of the CJEU (2003-2015), Prof. Vassilios Skouris, on the topic of mutual trust and recognition as key pillars of the European Union. The main topic of the issue (Focus) is dedicated to maritime disputes and was initially presented at an online event, on the 21st of February 2022, in collaboration with the most competent bodies on the subject, the Piraeus Court of First Instance and the Piraeus Bar Association (<https://www.sakkoulas.gr/el/info/events/archive/lex-forum-oi-navtikes-diafores-ston-evropaiko-kai-ton-pagkosmio-charti/>). The Focus in this issue incorporates the contribution of the Professor at the HSB Hochschule Bremen Ms. Suzette Suarez on arrest of ships in cases of environmental damages, the presentation of the Professor at  the University of Athens and Chair of the meeting Ms. Lia Athanassiou, regarding the treatment of foreign shipping companies by the Greek jurisprudence, and the ones of the Judges who served in the Mari­time Department of the Court of Piraeus, Mr. Antonios Alapandas, PhD, Judge at the Court of Appeal, on the special jurisdictional bases of maritime disputes, and Mr. Kyriakos Oikonomou, former Judge of the Supreme Court, on the choice of court agreements in maritime disputes, as well as the contributions of the Judge Mr. Antonios Vathrakokilis, on the applicable law to maritime privileges, and, finally, of Mr. Georgios Theocharidis, Professor of Maritime Law and Politics at the World Maritime University in Malmö, Sweden, on the International Convention on the ‘Judicial Sale of Ships’. Lex&Forum expresses its warmest thanks to the President of the Courts of First-Instance of Piraeus Council Judge Mr. Vassilios Tzelepis and the President of the Piraeus Bar Association Mr. Elias Klappas, as well as to all the rapporteurs for their honorable contributions.

The jurisprudence section of this issue includes the CJEU judgments, 15.7.2021, European Commission v. Poland, on the topic of national regulations restricting the independence of judges, with commentary by the scientific associate in the International Hellenic University Ms R. Tsertsidou, 7.5.2020, LG/Rina, on the concept of civil and commercial matters in case of an action against a ship classification and certification body under the authority of a third state, with a commentary by Dr. N. Zaprianos, 1.7.2021, UE, HC, on a European Certifi­cate of Succession of ‘indefinite time’, with commentary by Dr. S. Karameros, and 4.6.2020, FX/GZ, on international jurisdiction for the adjudication of the opposition against the execution of a maintenance claim, with commentary by the President of the Court of First Instance Mr. A. Vathrakokilis.

The national case law section features the following judgments:  Court of First Instance Piraeus No 3296/2020, on the appointment of an Interim Administration of a Shipping Company with a registered office abroad, with commentary by the PhD Cand. Ms. A. Lagoudi; Court of First Instance Korinthos No 1/2022, on the topic of parental care and maintenance of an out-of-marriage minor by parents of foreign citizenship, with commentary by Dr. G.-A. Georgiadis; Supreme Court decision No 1127/2020, on the applicable law on limitation periods in case of a lawsuit of an insurance company against a carrier, with commentary by Dr. A. Anthimos.

The issue includes as well the legal opinion of Professor Emeritus at the University of Athens Mr. Nikolaos Klamaris on the international jurisdiction of the Court of Piraeus (Department of Maritime Disputes) on a tort, committed in Piraeus by defendants based in Asia, while in the column L&F Praxis, the Judge Mr. Georgios Safouris presents the main practical problems of the referral questions to the CJEU within 11 Q&As.

Lex&Forum renews its scientific appointment with its subscribers for the next issue, focusing on the Internet and other emerging technologies within the EU and International legal order.

 

The eighth EFFORTS Newsletter is here!

EFFORTS (Towards more EFfective enFORcemenT of claimS in civil and commercial matters within the EU) is an EU-funded Project conducted by the University of Milan (coord.), the Max Planck Institute Luxembourg for Procedural Law, the University of Heidelberg, the Free University of Brussels, the University of Zagreb, and the University of Vilnius.

The eighth EFFORTS Newsletter has just been released, giving access to up-to-date information about the Project, save-the-dates on forthcoming events, conferences and webinars, and news from the area of international and comparative civil procedural law.

The EFFORTS Final Conference will take place on Friday, 30 September 2022. On that occasion, the Project Partners’ research groups will present the outcomes of the Project; increase awareness of the EFFORTS Regulations (Brussels Ia, European Enforcement Order, European Payment Order, European Small Claims Procedure and European Account Preservation Order); and evaluate and discuss the state of the art in EU and national legislation and practices relating to the implementation of the EFFORTS Regulations in the 7 targeted Member States. More details will follow in due course.

Regular updates are available on the Project website and via the Project’s LinkedIn and Facebook pages.

Project JUST-JCOO-AG-2019-881802
With financial support from the Civil Justice Programme of the European Union

HCCH Monthly Update: May 2022

Meetings & Events

From 17 to 19 May 2022, the First Meeting of the Special Commission on the 2007 Child Support Convention and 2007 Maintenance Obligations Protocol was held in The Hague in hybrid format, attended by over 200 delegates representing HCCH Members, Contracting Parties and Observers. More information is available here. The meeting resulted in the adoption of over 80 Conclusions & Recommendations, providing guidance to (prospective) Contracting Parties on a wide range of issues relating to the implementation and practical operation of these instruments. More information is available here.

 

Publications & Documentation

On 25 May 2022, the Permanent Bureau announced the launch of the post-event publication of HCCH|Approach, “Advancing and Promoting the Protection of All Children”, an HCCH initiative organised in celebration of the 25th anniversary of the HCCH 1996 Child Protection Convention. More information is available here.

 

Upcoming Events

Registrations are now open for the upcoming Conference on Conflicts of Jurisdiction, organised by the Journal of Private International Law and the Singapore Management University, with the support of the HCCH. The conference will be held online on 23 and 24 June 2022. More information is available here.

The inaugural CODIFI Conference will be held online from 12 to 16 September 2022. CODIFI will examine issues of private international law in the Commercial, Digital, and Financial (CODIFI) sectors, highlighting developments in the digital economy and fintech industries as well as clarifying the roles of core HCCH instruments: the 1985 Trusts Convention, the 2006 Securities Convention, and the 2015 Choice of Law Principles.?More information is available here.

 

These monthly updates are published by the Permanent Bureau of the Hague Conference on Private International Law (HCCH), providing an overview of the latest developments. More information and materials are available on the HCCH website.

What’s New in EU Family Law?

EU Family Law Conference Banner

 

What’s new in EU family law?

High-level conference on the Brussels IIb Regulation

8 September 2022 13h-16h CET

Hybrid Conference – European Parliament Brussels and Online

Hosted by

Ewa Kopacz

Vice President and European Parliament Coordinator on Children’s Rights

and

Didier Reynders

Commissioner for Justice

Please click here to register and to view the draft conference programme.

 

This high-level conference aims to draw attention to the novelties and important changes introduced by the Brussels IIb Regulation, which enters into application on 1 August 2022, and to provide a forum for an exchange of views with legal practitioners on cross-border family disputes involving children in the European Union.

The conference will provide participants with an opportunity to hear from experts in EU family law on the key changes to the Regulation and to engage in a moderated discussion on the topic through a Q & A session.

The event will be hosted online with the limited possibility to participate in person in Brussels*. Interpretation of the conference will be provided in 10 languages (DE, EN, FR, IT, EL, ES, PT, PL, BG, RO).

*Participation in this event is free. Please note that persons planning to attend this event in the European Parliament in Brussels do so at their own expense.

Virtual Workshop (in English) on June 7: Rosario Espinosa Calabuig on Sorority, Equality and Private International Law

On Tuesday, June 7, 2022, the Hamburg Max Planck Institute will host its 23rd monthly virtual workshop Current Research in Private International Law at 11:00-12:30 CEST. Rosario Espinosa Calabuig (Universidad de Valencia) will speak, in English, about the topic

“Sorority, Equality and Private International Law“.

Gender perspective in Private International Law (PIL) can be claimed through the so-called Sorority: Solidarity between women against sexual discrimination. PIL becomes an ethical tool to fight for solidarity and against phenomena such as misogyny and sexism, among others. Different topics (such as application of Islamic law by national authorities, child abduction in cases of gender violence or transnational surrogacy) show how PIL can be a tool to promote equality rights and how sorority can reinforce this equality. So, there is a reciprocal influence between all of them.

The presentation will be followed by open discussion. All are welcome. More information and sign-up here.

If you want to be invited to these events in the future, please write to veranstaltungen@mpipriv.de.

Webinar: ‘Strategic Climate Change Litigation in the EU: Between Judicial Restraint and Proactive Judicial Policy’ 

Webinar series: ‘Crossroads in Private International Law’
First webinar: ‘Strategic Climate Change Litigation in the EU: Between Judicial Restraint and Proactive Judicial Policy’
The Aberdeen Centre for Private International Law invites you to a webinar titled ‘Strategic Climate Change Litigation in the EU: Between Judicial Restraint and Proactive Judicial Policy’. It is the first webinar within the Centre new webinar series ‘Crossroads in Private International Law’. The event will be delivered by Nevena Jevremovic, Honorary Lecturer at the Aberdeen School of Law and moderated by Professor Guillaume Laganière from the Université du Québec à Montréal (UQAM). The webinar will be held on Wednesday 01 June 2022, 4-5pm UK time, through MS Teams.  Click here for more information and registration

XV Conference ASADIP and General Congress of the International Academy of Comparative Law

The ASADIP is pleased to share with you the Partnership entered into with the International Academy of Comparative Law (IACL) and the Center for the Study of Law, Economics and Policy (CEDEP) with a view to hold its annual event.
The XV Conference of the Association: “A private international law to transform the world” will take place on October 27, 2022 in the city of Asunción, Paraguay during the General Congress of the International Academy of Comparative Law, which will take place from October 23 to 28, 2022.
The ASADIP invites you especially to be able to participate and meet again in this very special year. The opening of early registration for the General Congress is imminent. For the first time there will be simultaneous interpretation into Spanish during the Congress.
The opportunity presented by this conjunction of activities and specialists of the highest level from all continents is unique.
More information here.
A call for papers is forthcoming.

AMEDIP’s upcoming seminar: The impact of artificial intelligence on Private International Law

The Mexican Academy of Private International and Comparative Law (AMEDIP) is holding a webinar on 26 May 2022 at 3:00 pm (Mexico City time – CDT), 10:00 pm (CEST time). The topic of the webinar is The impact of artificial intelligence on Private International Law and will be presented by Professor Wendolyne Nava, Professor Yaritza Pérez and Roberto Falcón (in Spanish).

The details of the webinar are:

Link: https://us02web.zoom.us/j/84254265759?pwd=0r4SHVY24q8DByvWf236cKaQo1mPXF.1

Meeting ID: 842 5426 5759

Password: BMAAMEDIP

Participation is free of charge.

This event will also be streamed live: https://www.facebook.com/AmedipMX

Out Now: Bizer on Violations of Personality Rights on Social Media

Persönlichkeitsrechtsverletzung in sozialen MedienBased on a tweet by the ‘enfant terrible of tech’, Elon Musk, Michael Douglas recently discussed ‘Conflict of Laws of Freedom of Speech on Elon Musk’s Twitter’ on this blog. In a new volume published by Mohr Siebeck, Anna Bizer adresses similar questions, from the point of view of German and European PIL. Starting from the observation that social media challenges the existing legal framework (even more so than the internet itself) by incentivizing the sharing of, and interaction with content, and thus perpetuating violations of personality rights, even where the original author of a post has already deleted it, the author focuses on three areas of law: contract law, tort law, and data protection.

As far as questions of contract law are concerned, Bizer rightly puts an emphasis on the fact that social media platforms often involve a triangle (or pyramid) of contractual relationships between the hosts and at least two users. Regarding the relationship between the host and individual users, she identifies the delineation between private and professional use (only one of which triggers the consumer rules in the Brussels Ia and Rome I Regulations) as the main problem and argues in favour of a much wider understanding of the consumer definition. Regarding the relationship between multiple users of the same service, she rightly acknowledges the potential of the platform contract to influence the applicable law via Art. 4(3) Rome I.

Concerning tort law, Bizer is generally critical of the existing legal framework under Art. 40–42 of the German EGBGB (infringements of personality rights being excluded from the Rome II Regulation). Instead of giving the claimant a choice between Handlungsort (place of acting) and Erfolgsort (place of damage), potentially leading to a mosaic of applicable laws, the applicable law should be determined by identifying the objective centre of the violation, with the intended readership of a given publication as the guiding criterion, which may be supplemented, if necessary, by the CJEU’s centre-of-interests criterion and the place of acting. Again, the author acknowledges that the contract for the social media platform might be taken into account via an escape clause (i.e. Art. 41 EGBGB).

In addition to questions of data protection, the author also addresses the role of the e-Commerce Directive’s country-of-origin rule and the ordre public in what is a well-argued, excellently researched book on a highly topical question.

Seminar on Rights In Rem – Tarragona, 10-11 Nov 2022

The Rovira i Virgili University (Tarragona), University of Barcelona and University of Lleida organise the First International Seminar on Rights In Rem in the European Union: General Aspects and International Jurisdiction.

The seminar seeks to define the concept of rights in rem in the framework of European private international law and comparative law, and to identify the problematic aspects arising from the characterisation of such a concept in terms of both the delimitation of the legal instruments applicable to this matter, and of its application in the Spanish legal system as the representative of a State in which several systems of law coexist. Moreover, in terms of jurisdiction, the Seminar will also address the problems of the delimitation of the rule of jurisdiction applicable under the Brussels I bis Regulation. The Seminar is divided into four panels dealing with three major topics:
· The approach to the concept of rights in rem in European comparative private law and European private international law
· Rights in rem in the Spanish legal system and the state’s internal conflict of laws
· Rights in rem and international jurisdiction under the Brussels I bis Regulation.

In addition to the invited speakers whose topics are indicated in the programme, the Seminar is open to those interested in presenting their short communications on the topic. Applications for submitting a communication proposal must include the following information: author’s personal information and academic position; topic selected; title of the paper and an abstract of between 300 and 500 words in length. Proposals for communications should be sent to: mireia.eizaguirre@urv.cat by 12 September 2022. More information is available in the call for communications.

You are welcome to take a look at and share the official seminar leaflet.

This Seminar is part of the activities within the project PID2020-112609GB-I0 Property Rights System over Tangible Goods in the Field of European Private International Law: Aspects of International Jurisdiction and Applicable Law, funded by the Spanish Government.