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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
Virtual Workshop (in English) on March 5: Marta Pertegás Sender on Current Developments in Cross-Border Enforcement of Patent Rights: Revisiting Territoriality and Reflexive Effect?
On Tuesday, March 5, 2024, the Hamburg Max Planck Institute will host its 42nd monthly virtual workshop Current Research in Private International Law at 11:00-12:30 (CET). Marta Pertegás Sender (Maastricht University and University of Antwerp) will speak, in English, about the topic
Current Developments in Cross-Border Enforcement of Patent Rights: Revisiting Territoriality and Reflexive Effect?
The CJEU preliminary ruling in BSH Hausgeräte Case C-339/22 is eagerly awaited by those involved or interested in cross-border enforcement of patent rights. The forthcoming judgment may have broader repercussions for the position of territoriality in international litigation on intellectual property rights or for the private international law of property more generally.
EAPIL Wroclaw Conference 2024: Private International Law and Global Crises
We are please to announce that registration for the next bi-annual conference of the European Association of Private International Law (EAPIL) is now open!
The conference will take place in Wroclaw (Poland) from 6 to 8 June 2024 and will be devoted to “Private International Law and Global Crises”. Topics to be discussed will include the interplay of private international law and 1) war and armed conflicts, 2) the rule of law, 3) climate change and 4) global supply chains. Speakers will be:
- Raffaele Sabato (European Court of Human Rights)
- Vincent Kronenberger (Court of Justice of the European Union)
- Andreas Stein (European Commission)
- Patrick Kinsch (University of Luxembourg)
- Veronica Ruiz Abou-Nigm (University of Edinburgh)
- Iryna Dikovska (Taras Shevchenko National University Kyiv)
- Tamasz Szabados (ELTE Eötvös Loránd University)
- Alex Mills (University College London)
- Matthias Weller (University of Bonn)
- Eduardo Alvarez Armas (Universidad Pontificia Comillas)
- Olivera Boskovic (Université Paris Cité)
- Rui Dias (University of Coimbra)
- Klaas Eller (University of Amsterdam)
- Laura Carpaneto (University of Genova)
To register for the conference please click here.
For questions, please get in touch with the local organizer, Agnieszka-Frackowiak-Adamska, at 2024.EAPIL.Wroclaw@uwr.edu.pl.
European responses to global crises: Call for submissions for DynamInt Doctoral Conference 2024
The annual DynamInt Doctoral Conference will be held in Amsterdam on 28th and 29th August 2024 and is co-organised by the Graduate School DynamInt (Humboldt University of Berlin) and the Amsterdam Law School (University of Amsterdam). It takes place in the context of the European Law School’s Summer Academy. We invite early career researchers (doctoral and postdoctoral) working in European Union law to come together and to discuss responses to the most pressing crises currently facing the European Union, its Member states, and citizens. Within the framework of the three topics outlined below, participants may present their work and engage in discussion with fellow scholars. In addition, Faculty specialised in EU, international, and comparative law will give in-depth feedback on the contributions submitted prior to the conference.