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News

UK Supreme Court Judgment in Vedanta

Thank you to Veerle Van den Eeckhout for the tip-off.

On 10 April 10 2019, the UK Supreme Court handed down its much anticipated judgment in the “Vedanta” case (see here). The judgment is currently raising many comments and discussions on Corporate Social Responsibility (CSR), including from the perspective of Private International Law.

The PowerPoint (in French) of a presentation by Veerle Van den Eeckhout in March 2017 explains some Private International Law aspects of CSR, including the state of the Vedanta proceedings at that time and its context.

Expedited settlement of commercial disputes : The Commission’s Response

A Legislative initiative procedure which started nearly a year ago, is coming now to the next level: The European Commission has recently stated its position on the European Parliament non-legislative resolution with recommendations to the Commission on expedited settlement of commercial disputes. The response is featured in a document titled ‘Follow-up to the European Parliament non-legislative resolution with recommendations to the Commission on expedited settlement of commercial disputes’. The main issues addressed may be summarized as follows:

Creation of a European Expedited Civil Procedure (EECP)

The Commission will take the resolution as further inspiration to analyse simplifications to cross-border litigation, but not necessarily by a specific European Expedited Civil Procedure.

Possible changes to the Rome I, the Rome II and the Brussels Ia Regulations

The Commission will, as appropriate, consider issues concerning choice of law agreements and choice of court agreements within the framework of the review of the relevant instruments (the Rome I and the Brussels Ia Regulations).

Other measures – building competence in commercial law in Member States

The Commission will continue to support training and research in commercial law and to facilitate access to information on foreign law in the framework of non-legislative actions, including financial programmes.

Other measures – analysing establishment of the European Commercial Court

At this stage, it does not seem appropriate to engage in preparatory action concerning the establishment of a European Commercial Court. However, the Commission will consider the question of the desirability of further studies in this field.

The full text of the doc. document is available here.

Once there, scroll down to Documentation gateway, and open the European Commission box.

Luxembourg Reports on European Procedural Law published

The two volumes of the Luxembourg Reports on European Procedural Law were published early this month. They are the fruits of an evaluation study of national procedural laws and practices in terms of their impact on the free circulation of judgments and on the equivalence and effectiveness of the procedural protection of consumers under EU consumer law.

The volumes present a comparative examination and empirical evaluation of national procedural rules and practices as regards mutual trust and the free circulation of judgments on the one hand, and consumer protection on the other, in light of relevant EU and national legislation and European Court of Justice and domestic case law.

The publication was edited by Burkhard Hess, Stephanie Law & Pietro Ortolani. The Report was prepared by a Consortium of European universities led by the MPI Luxembourg for Procedural Law as commissioned by the European Commission [JUST/2014/RCON/PR/CIVI/0082].

For more information, check here.