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AG Richard de la Tour on jurisdiction in private enforcement in case Volvo, C-30/20

By its preliminary question referred to the Court of Justice in the case Volvo, C-30/20, the referring court was indenting to clarify whether Article 7(2) of the Brussels I bis Regulation has to be interpreted as establishing only the international jurisdiction of the courts of the Member State for the ‘place where the harmful event occurred or may occur’ or establishing also national territorial jurisdiction. This question arose in the context of the proceedings on a follow-on action, based on the Commission’s decision, by which the applicant claims damages for loss and damage caused by certain anticompetitive practices.

In his Opinion delivered this Thursday, Advocate General Richard de la Tour not only answers the preliminary question in the affirmative (points 35 to 48) but also addresses other issues pertaining to the jurisdictional side of the private enforcement of EU competition law.

On the one hand, Advocate General explains how one should precisely determine the place where the damage occurred in order to identify the court having jurisdiction under Article 7(2) of the Brussels I bis Regulation (points 49 to 111). As he acknowledges at point 70 of the Opinion, the finding that the damage occurred within the market affected by the anticompetitive practices, is not, on its own, sufficient to identify the court having territorial jurisdiction to hear an action pertaining to these practices. For this very reason, the Opinion provides a detailed guidance on how to identify a competent court.

On the other hand, AG Richard de la Tour examines whether and to what extent the Member States are authorized to concentrate jurisdiction for the actions on anticompetitive practices (points 112 to 130).

The Opinion can be consulted here (so far the English version is not available).

CJEU on the law applicable to detrimental acts under the Insolvency Regulation in Oeltrans Befrachtungsgesellschaft, C-73/20

This Thursday, the Court of Justice delivered its judgment in the case Oeltrans Befrachtungsgesellschaft, C-73/20, on the interpretation of the Insolvency Regulation and the law applicable to detrimental acts. This judgment, pertaining to Articles 4(2)(m) and 13 of the Regulation No 1346/2000, completes therefore the case law constituted most notably by the judgment in the case Vinyls Italia, C-54/16.

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Pax Moot underway

23 teams from al over the globe are participating in the Pax Moot that is currently ongoing (from 21 to 23 April). The case concerns private international law aspects of the race to a Covid vaccine. It involves the application of various EU and international instruments.

Spectators are welcome at the semifinals and finals on Friday 23 April. You can join by first logging into your own Zoom account and then clicking the link on the schedule to the relevant session. After the final round Ms Pia Lindholm of the European Commission will address the students. Then the winners of the written rounds, the oral rounds and the best pleader will be announced.