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Brussels IIb Practice Guide published
Thanks to Costanza Honorati and Laura Carpaneto for the tip!
The Practice Guide on the Brussels IIb Regulation (Regulation 2019/1111) has been published on the site of the European Judicial Network in Civil and Commercial Matters (EJN) – scroll to the bottom.
The Guide was written by Boriana Musseva under a contract between the European Commission and Milieu Consulting, under the supervision of the EJN. It uses the name Brussels IIb (presumably the Commission’s preferred nomenclature) even though some authors also use Brussels IIter. The Guide is still being translated in the other EU languages and will then also be published with the other information that the Commission provides on the European Judicial Atlas.
Here is the direct link to the Practice Guide for the application of the Brussels IIb Regulation.
Just released: Cross-Border Litigation in Central Europe: EU Private International Law Before National Courts (ed. Csongor István Nagy)
A volume titled “Cross-Border Litigation in Central Europe: EU Private International Law Before National Courts” and edited by Csongor István Nagy (University of Szeged, Hungary & Center for Social Sciences, Budapest) has recently been published by Kluwer. It was and authored by Katazyna Bogdzevic, Pavle Flere, Lucia Gandzalova, Justyna Gumula-Kedracka, Tena Hosko, Monika Jagielska, Elena Judova, Inga Kacevska, Wojciech Klyta, Vadim Mantrov, Csongor István Nagy, Gabor Palasti, Dora Zgrabljic Rotar, Magdalena Sobas, Janos Szekely, Dace Trupovniece, Jiri Valdhans, Emod Veress, Lucie Zavadilova. The book provides a detailed understanding of the process of seeking justice in cross-border disputes in Central Europe and a comprehensive and exhaustive presentation of the case law in 10 Central European Member States (Croatia, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, and Slovenia). It is the first of its kind to offer a comprehensive and analytical overview of the judicial practice in the region. More information on the book, its content and contributors is available here.
The book is a product of the multi-year EU-funded CEPIL project (“Cross-Border Litigation in Central-Europe: EU Private International Law before National Courts”, 800789 — CEPIL — JUST-AG-2017/JUST-JCOO-AG-2017), which was based on the cooperation of six universities (University of Szeged, Hungary, Masarykova univerzita, Czech Republic, Sveu?ilište u Zagrebu, Croatia, Universitatea Sapientia din municipiul Cluj-Napoca, Romania, Univerzita Mateja Bela v Banskej Bystrici, Slovakia, Uniwersytet ?l?ski, Poland). The CEPIL project inquired whether EU private international law functions optimally in the Central European Member States to secure a Europe of law and justice and whether EU private international law instruments are applied correctly and uniformly. It analyzed whether national courts deal appropriately with disputes having a cross-border element and whether the current legal and institutional architecture is susceptible of securing legal certainty and an effective remedy for cross-border litigants. More information on the project is available here.
LEX & FORUM Vol. 2/2022 – Private International Law & the Internet
The current issue of Lex & Forum explores the existing status of Private International Law & the Internet, and tries to map out solutions and proposals for the future.
The issue benefits from the privilege of hosting papers of two worldwide leading figures in the area of private international law: Professor Dan Svantesson is sharing his insightful conclusions about the current state of the interplay between Private International Law & the Internet and, also, points at the critical problems that need to be addressed in order to secure a better digital future. In doing so, he sets the tone of the entire issue. At the same time, Professor Symeon Symeonides offers a fascinating account of a much needed international coordination effort. After explaining the current status of addressing internet related personality infringemetns accross different jurisdictions, Prof. Symeonides focuses on the initiative of the Institut de Droit International (IDI), which at its 79th biennial session adopted a critical Resolution on internet related personality infringements and Private International Law. Prof. Symeonides explains vividly how this transnational initiative improves over existing regional approaches and offers great insights on its history, rationale and development.
The papers of Prof. Svantesson and Prof. Symeonides are accompanied by that of Professor Ioannis Deliskostopoulos, University of Athens, who offers an excellent account of how the CJEU has been dealing with the challenge of personality related internet disputes. Trying to address future challenges, a second family of papers focused on blockchain based issues. Dr. Ioannis Revolidis, Lecturer at the University of Malta, contributes a primer on International Jurisdiction and the Blockchain, by exploring the unique characteristics of blockchain based systems and by extending his analysis on the so-called Non Fungible Tokens. Dr. Nikolaos Zaprianos puts the challenge of smart contracts into perspective, offering an excellent account about the limits of automation in contractual relationships, while Dr. Konstantinos Voulgarakis monitors the impact of cryptoassets in capital markets and the ensuing private international law challenges. All the aforementioned papers have been presented during a webinar hosted by Lex&Forum on May 13 2022 (youtube.com/watch?v=84wCNVyWXPA&t=652s, accessed 3.9.2022).
The analysis of the relation between Private International Law & the Internet in the current issue of Lex&Forum is concluded with the Praefatio authored by another leading expert in the area, Prof. Gerald Spindler from the University of Göttingen/Germany. The title of it reads as follows: “The Internet and other emerging technologies within the EU and international legal order – aspects of conflicts of laws and international civil procedure”.
At the same time, the Judge of the Court of Appeal Mr. Ioannis Valmantonis has provided a comment on the decision of the CJEU in Gtflix v DR, while Dr. Apostolos Anthimos contributes his views on two Greek court decisions on the refusal of recognition and enforcement of arbitral awards ordering payment in bitcoin (Court of Appeal Western Central Greece 88/2021 and Court of First Instance of Agrinio, Single Chamber, 193/2018). Lastly, Dr. Evangelos Ziakas contributes a paper on the mosaic approach of the CJEU on internet related personality disputes.
Lex&Forum will return with a new issue, which will be focusing on the relationship of the EU Private International Law acquis with cases including third country elements.