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Van Den Eeckhout on CJEU Case Law in PIL matters
Written by Veerle Van Den Eeckhout, working at the Research and Documentation Directorate of the CJEU
On 29 April 2023, Veerle Van Den Eeckhout gave a presentation on recent case law of the Court of Justice of the European Union. The presentation, now available online, was entitled “CJEU case-law. A Few Observations on Recent CJEU Case Law with Attention for Some Aspects of Logic and Argumentation Theory.” The presentation was given during the Dialog Internationales Familienrecht 2023 at the University of Münster. This presentation builds upon a previous presentation of the Author, “Harmonized interpretation of regimes of judicial cooperation in civil matters?”, which is now also available online.
English Court Judgment refused (again) enforcement by Dubai Courts
In a recent decision, the Dubai Supreme Court (DSC) confirmed that enforcing foreign judgments in the Emirate could be particularly challenging. In this case, the DSC ruled against the enforcement of an English judgment on the ground that the case had already been decided by Dubai courts by a judgment that became final and conclusive (DSC, Appeal No. 419/2023 of 17 May 2023). The case presents many peculiarities and deserves a closer look as it reinforces the general sentiment that enforcing foreign judgments – especially those rendered in non-treaty jurisdictions – is fraught with many challenges that render the enforcement process very long … and uncertain. One needs also to consider whether some of the recent legal developments are likely to have an impact on the enforcement practice in Dubai and the UAE in general.
The case
1) Facts
The case’s underlying facts show that a dispute arose out of a contractual relationship concerning the investment and subscription of shares in the purchase of a site located in London for development and resale. The original English decision shows that the parties were, on the one hand, two Saudi nationals (defendants in the UAE proceedings; hereinafter, “Y1 and 2”), and, on the other hand, six companies incorporated in Saudi Arabia, Anguilla, and England (plaintiffs in the UAE proceedings, hereinafter “X et al.”). The English decision also indicates that it was Y1 and 2 who brought the action against X et al. but lost the case. According to the Emirati records, in 2013, X et al. were successful in obtaining (1) a judgment from the English High Court ordering Y1 and 2 to pay a certain amount of money, including interests and litigation costs, and, in 2015, (2) an order from the same court ordering the payment of the some additional accumulated interests (hereinafter collectively “English judgment”). In 2017, X et al. sought the enforcement of the English judgment in Dubai.
Montenegro’s legislative implementation of the EAPO Regulation: setting the stage in civil judicial cooperation
Carlos Santaló Goris, Lecturer at the European Institute of Public Administration in Luxembourg, offers an analysis of an upcoming legislative reform in Montenegro concerning the European Account Preservation Order
In 2010, Montenegro formally became a candidate country to join the European Union. To reach that objective, Montenegro has been adopting several reforms to incorporate within its national legal system the acquis communautaire. These legislative reforms have also addressed civil judicial cooperation on civil matters within the EU. The Montenegrin Code of Civil Procedure (Zakon o parni?nom postupku) now includes specific provisions on the 2007 Service Regulation, the 2001 Evidence Regulation, the European Payment Order (‘EPO’), and the European Small Claims Procedure (‘ESCP’). Furthermore, the Act on Enforcement and Securing of Claims (Zakon o izvršenju I obezbe?enju) also contains provisions on the EPO, the ESCP, and the European Enforcement Order (‘EEO’). While none of the referred EU instruments require formal transposition into national law, the fact that it is now embedded within national legislation can facilitate its application and understanding in the context of the national civil procedural system.
News
Seminar on the Lex fori processualis principle – University of Milan, 24 January 2025
The seminar The Lex fori processualis principle at the interface with EU judicial cooperation in civil and commercial matters will take place on 24 January 2025 at the University of Milan. The seminar is organized as part of the 4EU+ Visiting Professorships Call, supported by the 4EU+ European University Alliance and co-funded by the Erasmus+ Programme of the European Union.
Hosted by the Department of International, Legal, Historical, and Political Studies of the University of Milan, the seminar will open with welcoming addresses (Antonella Baldi and Marco Pedrazzi) and an introduction (Francesca C. Villata). Bartosz Wolodkiewicz (University of Warsaw), currently a 4EU+ Visiting Professor at the University of Milan, will present the findings of his new book on foreign procedural law in civil judicial proceedings (Obce prawo procesowe w sadowym postepowaniu cywilnym, Wolters Kluwer 2024). Following this, a round table with international scholars will explore various aspects of the lex fori processualis principle, covering topics such as historical perspectives (Carlos Santaló Goris), legal standing (Lenka Válková), burden of proof (Martino Zulberti), ne bis in idem in EU judicial cooperation (Marco Buzzoni), and res judicata in international commercial arbitration (Michele Grassi). The seminar will conclude with a discussion and closing remarks by Elena D’Alessandro (University of Turin).
For more information on the 4EU+ Alliance, follow:
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With thanks for the tip-off to Dr Lenka Válková, University of Milan
Third Issue of Journal of Private International Law for 2024
The third issue of the Journal of Private International Law for 2024 features a special issue in honour of Professor Trevor Hartley.
It provides as follows (with other research articles):
Jacco Bomhoff, Uglješa Grušic & Manuel Penades Fons, “Introduction to the special issue in honour of Professor Trevor Hartley”
Jacco Bomhoff, Uglješa Grušic & Manuel Penades Fons, “Professor Trevor C Hartley’s Bibliography”
Jacco Bomhoff, “Law made for man: Trevor Hartley and the making of a “modern approach” in European and private international law”
This article offers an overview and an interpretation of Trevor Hartley’s scholarship in the fields of private international law and EU law. It argues that Hartley’s work, beginning in the mid-1960s and spanning almost six decades, shows striking affinities with two broader outlooks and genres of legal discourse that have roots in this same period. These can be found, firstly, in the approach of senior English judges committed to “internationalising” the conflict of laws in the post-war era; and, secondly, in the so-called “legal process” current of scholarship that was especially influential in American law schools from the late 1950s onwards. Reading Hartley’s writings against these backgrounds can help illuminate, and perhaps to some small extent complicate, two labels he himself has given to his own work: of a “modern approach”, in which “law is made for man, not man for the law”. Read more
ELI Extra-Judicial Administration of Justice Dissemination Conference, 14 Feb, Vienna/Online
For anyone without a date for Valentine’s Day, we are happy to advertise the following ELI event on de-judicialisation in family and succession matters:
With competences in family and succession matters increasingly moving from courts to other authorities – such as notaries, civil status officers, child protection agencies, judicial officers, advocates, and even private parties – ELI’s Extra-Judicial Administration of Justice in Cross-Border Family and Succession Matters project aims at developing an outline of a harmonised European concept of courts, building on the approach of the Court of Justice of the EU in its recent case law, to ensure a harmonised application of EU instruments to such actors in Member States (for more information on the project, click here). As the trend of ‘de-judicialisation’ continues to grow, the project’s Dissemination Conference offers a valuable opportunity to discuss its implications and to present and reflect on recommendations developed by the ELI to address this shift.
The event will take place on 14 February 2025 from 09:00–18:00 CET at the University of Vienna (Small Ceremonial Hall (Kleiner Festsaal)) and will be streamed online.
ELI will be able to issue a certificate of attendance, when requested, to participants.