Views
New Article on Non-Party Access to Court Documents and the Open Justice Principle
Written by Ana Koprivica Harvey
Ms Ana Koprivica Harvey (Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law) recently posted a new paper in the MPILux Research Paper Series, titled Non-Party Access to Court Documents and the Open Justice Principle: The UK Supreme Court Judgment in Cape Intermediate Holdings Ltd v Dring. Below is an overview provided by the Author.
This article analyses the eagerly awaited the UK Supreme Court judgment in Cape Intermediate Holdings Ltd v Dring, unanimously delivered on 29th July 2019. Broadly speaking, the case concerned the scope and operation of the constitutional principle of open justice. More precisely, the questions before the Supreme Court were how much of the written material placed before a court in a civil action should be accessible to persons other than the parties to the proceedings, and how such access should be facilitated. Read more
Service of Process abroad: Lost in Translation
Written by Benedikt Windau
Benedikt Windau, Judge at the Oldenburg District Court (Landgericht Oldenburg), runs a very interesting blog (in German), focusing on German Civil Procedure. In one of his recent postings, he presented a very interesting judgment of the Frankfurt CoA, related to the Service Regulation. Upon my request, he prepared an English version of his post for our blog.
A recent ruling of the Frankfurt Court of Appeals (Docket No. 13 U 210/17) will potentially shake up the (German) law of cross-border service quite a bit, as it imposes new, hence unknown obligations on the plaintiff – and its legal counsel accordingly. Read more
First impressions from Kirchberg on the EAPO Regulation – Opinion of AG Szpunar in Case C-555/18
Written by Carlos Santaló Goris
Carlos Santaló Goris is a researcher at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law, and Ph.D. candidate at the University of Luxembourg. He offers a summary and an analysis of AG Spuznar’s Opinion on the Case C-555/18, K.H.K. v. B.A.C., E.E.K.
I. Introduction
Less than three years after Regulation 655/2014 establishing a European Account Preservation Order (“the EAPO Regulation”) entered into force, the Court of Justice of the European Union (“CJEU”) released its first Opinion on this instrument. This regulation established a uniform provisional measure at the European level, which permits creditors the attachment of bank accounts in cross-border pecuniary claims. In many senses, the EAPO regulation represents a huge step forward, particularly in comparison to the ex-ante scenario regarding civil provisional measures in the Area of Freedom, Security and Justice. It is no accident that in the first line of the Opinion, AG Szpunar refers to the landmark case Denilauler. Besides the concrete assessment of the preliminary reference, he found a chance in this case to broadly analyse the EAPO Regulation as such, contextualizing it within the general framework of the Brussels system. Read more
News
EAPIL Winter School in European Private International Law (12–16 Feb 2024 in Como, Italy)
In cooperation with the Department of Law, Economics and Cultures of the University of Insubria (Italy), the Law Faculty of the University of Murcia (Spain) and the Law Faculty of the Jagiellonian University in Kraków (Poland), the European Association for Private International Law (EAPIL) has created a Winter School in European Private International Law.
The School’s inaugural session will take place from 12 to 16 February 2024 at the University of Insubria, in the cloister of the Basilica di Sant’Abbondio in Como, Italy. It will dedicated to the topic of ‘Personal Status and Family Relationships’. More information on the programme, which has been put together by Silvia Marino (University of Insubria), Javier Carrascosa González (University of Murcia), and Anna Wysocka-Bar (Jagiellonian University in Kraków), can be found on the official flyer. More information on the registration process can also be found here.
The organisers are also offering a teaser seminar on 4 December 2023, at 6pm (Italian time), which can be joined here.
Call for Papers: Public Interest Litigation (NILR)
The Netherlands International Law Review (NILR) has issued a call for papers, in particular for private international law perspectives of public interest litigation.
Rivista di diritto internazionale privato e processuale (RDIPP) No 3/2023: Abstracts
The third issue of 2023 of the Rivista di diritto internazionale privato e processuale (RDIPP, published by CEDAM) was just released. It features:
Pietro Franzina, Professor at the Università Cattolica del Sacro Cuore, Un nuovo diritto internazionale privato della protezione degli adulti: le proposte della Commissione europea e gli sviluppi attesi in Italia (A New Private International Law on the Protection of Adults: The European Commission’s Proposals and the Developments Anticipated in Italy; in Italian)