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The Greek Supreme Court has decided: Relatives of persons killed in accidents are immediate victims
A groundbreaking judgment was rendered last October by the Greek Supreme Court. Relatives of two Greek crew members killed in Los Llanos Air Base, Spain, initiated proceedings before Athens courts for pain and suffering damages (solatium). Although the action was dismissed by the Athens court of first instance, and the latter decision was confirmed by the Athens court of appeal, the cassation was successful: The Supreme Court held that both the Brussels I bis Regulation and the Lugano Convention are establishing international jurisdiction in the country where the relatives of persons killed are domiciled, because they must be considered as direct victims.
THE FACTS
On 26 January 2015, an F-16D Fighting Falcon jet fighter of the Hellenic Air Force crashed into the flight line at Los Llanos Air Base in Albacete, Spain, killing 11 people: the two crew members and nine on the ground.
The relatives of the Greek crew members filed actions for pain and suffering damages before the Athens court of first instance against a US (manufacturer of the aircraft) and a Swiss (subsidiary of the manufacturer) company. The action was dismissed in 2019 for lack of international jurisdiction. The appeals lodged by the relatives before had the same luck: the Athens court of appeal confirmed in 2020 the first instance ruling. The relatives filed a cassation, which led to the judgment nr. 1658/5.10.2022 of the Supreme Court.
Standard (and burden) of proof for jurisdiction agreements
Courts are often required to determine the existence or validity of jurisdiction agreements. This can raise the question of the applicable standard of proof. In common law jurisdictions, the question is not free from controversy. In particular, Stephen Pitel has argued on this very blog that jurisdiction clauses should be assessed on the balance of probabilities, as opposed to the “good arguable case” standard that is commonly applied (see, in more detail, Stephen Pitel and Jonathan de Vries “The Standard of Proof for Jurisdiction Clauses” (2008) 46 Canadian Business Law Journal 66). That is because the court’s determination on this question will ordinarily be final – it will not be revisited at trial.
China’s Draft Law on Foreign State Immunity—Part II
Written by Bill Dodge, the John D. Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at UC Davis School of Law.
In December 2022, Chinese lawmakers published a draft law on foreign state immunity, an English translation of which is now available. In a prior post, I looked at the draft law’s provisions on immunity from suit. I explained that the law would adopt the restrictive theory of foreign state immunity, bringing China’s position into alignment with most other countries.
In this post, I examine other important provisions of the draft law, including immunity from attachment and execution, service of process, default judgments, and foreign official immunity. These provisions generally follow the U.N. Convention on Jurisdictional Immunities of States and Their Property, which China signed in 2005 but has not yet ratified.
China’s draft provisions on immunity from attachment and execution, service of process, and default judgments make sense. Applying the draft law to foreign officials, however, may have the effect of limiting the immunity that such officials would otherwise enjoy under customary international law. This is probably not what China intends, and lawmakers may wish to revisit those provisions before the law is finally adopted. Read more
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CoL.net Virtual Roundtable on the Commission’s Brussels Ia Report
In light of the Commission’s report on the Brussels Ia Regulation (first discussed here by Xandra Kramer), ConflictofLaws.net will be hosting an ad-hoc virtual roundtable
on Tuesday, 8 July 2025, 12pm–1.30pm (CEST).
The conversation will focus on the report published by the Commission on 2 June and its implications for a possible future reform of the Regulation.
The event will feature the following panellists:
Andrew Dickinson
University of Oxford
Stefano Dominelli
University of Genoa
Pietro Franzina
Catholic University of the Sacred Heart, Milan
Thalia Kruger
University of Antwerp
Tobias Lutzi
University of Augsburg
Everyone interested is warmly invited to join via this Zoom link.
Bridging Legal Systems: A Comparative-Empirical Study on the European Account Preservation Order by Dr. Carlos Santaló Goris
Warmest congratulations to Dr. Carlos Santaló Goris on the publication of his book, The Application of the European Account Preservation Order in Germany, Luxembourg and Spain. A Comparative-Empirical Analysis (Nomos, 2025).
This scholarly work offers a timely and much-needed exploration of the European Account Preservation Order (EAPO), the first cross-border civil interim measure at EU level. Conceived to enable the provisional attachment of debtors’ bank accounts across Member States, the EAPO aspires to procedural uniformity. Yet, as this study so lucidly demonstrates, its application remains deeply embedded in national procedural systems, giving rise to significant divergences and legal complexity.
With admirable clarity, analytical depth, and empirical rigour, Dr. Santaló Goris leads the reader through this intricate legal terrain. By examining, in particular, the operation of the EAPO in three distinct jurisdictions – Germany, Luxembourg, and Spain – his manuscript illustrates the practical challenges posed by procedural fragmentation while offering valuable guidance for navigating the instrument across legal systems.
This manuscript stands out as a thoughtful and impactful contribution to the field of European civil procedure. What distinguishes it most is its remarkable ability to bridge legal theory and judicial practice. Through a combination of comparative analysis, stakeholder perspectives, and data-driven insights, it offers a comprehensive and balanced account of how the European Account Preservation Order operates in practice, making it an indispensable resource for scholars, practitioners, and policymakers alike.
Congratulations, Carlos, on this well-deserved accomplishment!
More information on this book is available here.
Webinar on the 1996 Hague Child Protection Convention, 30 June & 1 July
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This research project examines the legal framework for the cross-border protection of children, focusing on the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (‘the 1996 Hague Convention’).
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