Views
Looking but not Seeing the Economic Unit in Cartel Damage Claims – Opinion of Advocate General in Case C-425/22, MOL Magyar Olaj- és Gázipari Nyrt. v Mercedes-Benz Group AG
By Professor András Osztovits*
I. Introduction
The heart of European economic integration is the Single Market, which can only function properly and provide economic growth and thus social welfare if effective competition rules ensure a level playing field for market players. The real breakthrough in the development of EU competition policy in this area came with Regulation 1/2003/EC, and then with Directive 2014/104/EU which complemented the public law rules with private law instruments and made the possibility to bring actions for damages for infringement of competition law easier.
„El clásico“ of Recognition and Enforcement – A Manifest Breach of Freedom of Expression as a Public Policy Violation: Thoughts on AG Szpunar 8.2.2024 – Opinion C-633/22, ECLI:EU:C:2024:127 – Real Madrid Club de Fútbol
By Madeleine Petersen Weiner, Research Fellow and Doctoral Candidate at Heidelberg University
Introduction
On 8 February 2024, Advocate General (AG) Szpunar delivered his Opinion on C-633/22 (AG Opinion), submitting that disproportionate damages for reputational harm may go against the freedom of expression as enshrined in Art. 11 Charter of Fundamental Rights of the European Union (CFR). The enforcement of these damages therefore may (and at times will) constitute a violation of public policy in the enforcing state within the meaning of Art. 34 Nr. 1 Brussels I Regulation. The AG places particular emphasis on the severe deterring effect these sums of damages may have – not only on the defendant newspaper and journalist in the case at hand but other media outlets in general (AG Opinion, paras. 161-171). The decision of the Court of Justice of the European Union (CJEU) will be of particular topical interest not least in light of the EU’s efforts to combat so-called “Strategic Lawsuits Against Public Participation” (SLAPPs) within the EU in which typically financially potent plaintiffs initiate unfounded claims for excessive sums of damages against public watchdogs (see COM(2022) 177 final).
Dubai Supreme Court Admits Reciprocity with the UK and Enforces an English Judgment
Introduction:
I have been reporting on this blog some recent cases from the Dubai Supreme Court (DSC) regarding the recognition and enforcement of foreign judgments (see here, here and here). Reading these posts may have given the legitimate impression that the enforcement of foreign judgments in the UAE, and especially in Dubai, is particularly challenging. This post aims to mitigate that perception by shedding light on a very recent case in which the Dubai courts, with the approval of the DSC, ruled in favor of the enforcement of an English judgment. As the comments below indicate, this is probably the very first case in which the DSC has positively ruled in favor of the enforcement of an English judgment by declaring that the judgment in question met all the requirements set out in UAE law, and in particular, the reciprocity requirement.
News
HCCH Monthly Update: July 2025
Conventions & Instruments
On 1 July 2025:
- The 2019 Judgments Convention entered into force for the United Kingdom. At present, 33 HCCH Members are either bound by the 2019 Judgments Convention or a Contracting Party for which the Convention has not entered into force yet (Albania, Andorra, and Montenegro). More information is available here.
- The 1996 Child Protection Convention entered into force for El Salvador. The Convention currently has 57 Contracting Parties. More information is available here.
- The 2007 Child Support Convention entered into force for Colombia. At present, 55 States and the European Union are bound by the 2007 Child Support Convention. More information is available here.
- The 2005 Choice of Court Convention entered into force for Bahrain. At present, 37 States and the European Union are bound by the 2005 Choice of Court Convention. More information is available here.
On 5 July 2025, the 1970 Evidence Convention entered into force for the Philippines. The Convention currently has 69 Contracting Parties. More information is available here.
On 24 July 2025, the Republic of Moldova acceded to the 1970 Evidence Convention. The Convention currently has 69 Contracting Parties. More information is available here.
Publications
On 22 July 2025, the Permanent Bureau announced the publication of the fifth editions of the Practical Handbooks on the Operation of the 1965 Service and 1970 Evidence Conventions. Incorporating recent developments, court decisions, and practical examples provided by experts from around the world, as well as updates from the meeting of the Special Commission held in July 2024, the fifth editions of the Handbooks are essential resources for anyone involved in the implementation and operation of the 1965 Service and 1970 Evidence Conventions. More information is available here.
Meetings & Events
On 10 July 2025, the Permanent Bureau of the HCCH and the Asian Business Law Institute co-hosted the webinar “Cross-border Commercial Dispute Resolution – Electronic Service of Documents and Remote Taking of Evidence”. More information is available here.
On 11 July 2025, the first meeting of the Working Group dedicated to the Model Forms for Chapter II of the 1970 Evidence Convention was held online, hosted by the Permanent Bureau. More information is available here.
Other Developments
On 9 July 2025, the premises of the HCCH’s Regional Office for Africa, hosted by the Kingdom of Morocco, were officially opened in Rabat. More information is available here.
On 10 July 2025, the Permanent Bureau of the HCCH announced several developments with regard to the HCCH’s International Child Abduction Database (INCADAT), including the launch of its new notification service. More information is available here.
These monthly updates are published by the Permanent Bureau of the Hague Conference on Private International Law (HCCH), providing an overview of the latest developments. More information and materials are available on the HCCH website.
Changes to the Editorial Board
We are delighted to announce that Wilson Lui will be joining our Editorial Board. Wilson holds degrees from the Universities of Oxford, Cambridge, the Chinese University of Hong Kong and the University of Hong Kong. He currently teaches at the University of Hong Kong while working towards his PhD at the University of Melbourne. His many publications include a comprehensive volume on the conflict of laws in Hong Kong, Hong Kong Private International Law (Hart 2025; together with Anselmo Reyes).
At the same time, we are sad to see Samuel Fulli-Lemaire (Université de Strasbourg), David P. Stewart (Georgetown University), and Marlene Wethmar-Lemmer (University of South Africa) retire from the blog after years of service to this project – we are all the more grateful for their contributions and wish them all the best.
Revue Critique de droit international privé – Issue 2025/2
Written by Hadrien Pauchard (assistant researcher and doctoral student at Sciences Po Law School)
The second issue of the Revue Critique de droit international privé of 2025 has just been released. It contains four articles, seven case notes and numerous book reviews. In line with the Revue Critique’s recent policy, the doctrinal part will soon be made available in English on the editor’s website (for registered users and institutions). Read more