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Invitation: International Workshop on a Data Base on Cross-Border Enforcement of Claims at the Max-Planck-Institute Luxembourg

On February 26th, a workshop on the organization of databases on European civil procedural law will take place at the Max-Planck-Institute (MPI) Luxembourg. The workshop is part of a research project in which the MPI is participating together with major European Universities (Complutense, Milan, Rotterdam, Wroclaw), coordinated by Prof. Jan von Hein, Freiburg (the so called IC2BE project: Informed Choices in Cross-Border Enforcement). The final aim of the project is to assess the working in practice of the “second generation” of EU regulations on procedural law for cross-border cases, i.e., the European Enforcement Order, Order for Payment, Small Claims (as amended by Regulation (EU) 2015/2421) and the Account Preservation Order Regulations. In this framework, we intend to create a data base of national case law. With the input of experts from the Commission and the CJEU on the one hand, and from potential users of the data base on the other, the workshop will explore the possible content and design of such a data base.

Deference to Foreign Sovereign Submissions

Following up on my previous post here, the United States Supreme Court granted certiorari on January 12, 2018 in Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. (No. 16-1220).  The grant was limited to the following question presented:

Whether a court may exercise independent review of an appearing foreign sovereign’s interpretation of its domestic law (as held by the Fifth, Sixth, Seventh, Eleventh, and D.C. Circuits), or whether a court is “bound to defer” to a foreign government’s legal statement, as a matter of international comity, whenever a foreign government appears before the court (as held by the opinion below in accord with the Ninth Circuit).

For some of my thoughts on this question, offered well in advance of this case, see here.

 

Now Available in the 7th Edition: The „Münchener Kommentar“ on European and German Private International Law

It has not yet been mentioned on this blog that the Münchener Kommentar zum Bürgerlichen Gesetzbuch, Vols. 11 and 12, is now available in its seventh edition (2018). This work is a standard treatise not only on German private international law, but on European PIL as well. (more…)