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French Supreme Court ruling in the Lafarge case: the private international law side of transnational criminal litigations
In the Lafarge case (Cass. Crim., 16 janvier 2024, n°22-83.681, available here), the French Cour de cassation (chambre criminelle) recently rendered a ruling on some criminal charges against the French major cement manufacturer for its activities in Syria during the civil war. The decision addresses several key aspects of private international law in transnational criminal lawsuits and labour law.
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).
News
AMEDIP’s upcoming webinar: A radical change in German Private International Law, the example of the naming law (in Spanish)
The Mexican Academy of Private International and Comparative Law (AMEDIP) is holding a webinar on Thursday 25 September 2025 at 14:30 (Mexico City time – CST), 22:30 (CEST time). The topic of the webinar is: A radical change in German Private International Law, the example of the naming law, which will be presented by Prof. Dr. Karl August von Sachsen Gessaphe (in Spanish).
Giustizia consensuale No 1/2025: Abstracts
The first issue of 2025 of Giustizia consensuale (published by Editoriale Scientifica) has been released, and it features:
Cesare Cavallini (Professor at Bocconi University, Milan), L’arbitrato come processo e giustizia consensuale (Arbitration as a Process and Consensual Justice; in Italian).
The essay aims to analyze the phenomenon of private autonomy and consensual justice in arbitration as it has evolved through various reforms. The goal is to highlight arbitration as a process and a form of consensual justice that is alternative yet distinct from ordinary judicial proceedings and fully aligned with constitutional principles. This objective becomes even more significant when compared to the very different and controversial issues discussed in American legal doctrine, which instead point to an unceasing erosion of rights through a blending of public interferences in arbitration and private ones in ordinary justice, raising concerns about the legitimacy of private autonomy within the framework of civil protections under constitutional scrutiny. Read more
Call for abstracts on the Succession Regulation (EU) 650/2012
The private international law experts from the University Rovira i Virgili (URV-Tarragona) and the University of Lleida (UdL) together with the Notarial Association of Catalonia, are organizing I INTERNATIONAL CONFERENCE ON THE REVIEW OF REGULATION (EU) 650/2012 AFTER TEN YEARS OF APPLICATION.
– The deadline for receiving abstracts has been extended until 29 September 29 2025.
– The scientific committee will decide on the acceptance on 14 October 2025.
– The conference will take place in Barcelona, on 11 and 12 of November 2025.
The call is open for any of the main thematic areas: scope, definitions, jurisdiction, applicable law, recognition, enforceability and enforcement of decisions and documents, the European Certificate of Succession and other complementary provisions. Communications accepted will be presented in person during the seminar for approximately five or seven minutes each. Applications to present a communication proposal must meet the following requirements: identification of the author and his/her academic category, the subject to which the paper belongs, the title of the communication, an abstract of the communication, which should be between 300 and 500 words in length.
The application should be sent to: reglamentosucesiones@urv.cat
Communications will be selected according to their relevance in terms of the chosen thematic area; quality in the treatment of the topic and originality.
This Conference is part of the research project: “The review of Regulation 650/2012, in matters of succession: application assessment and proposals for amendments”, which is funded by the Spanish Ministry of Science, Innovation and Universities (reference PID2023-149454NB-I00). The duration of the project is four years (2024-2028) and this Conference is the first international scientific meeting planned among the project activities.
More information i available at the official web page.