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Brussels II bis, the recognition of a judgment and jurisdiction on the custody of a child

Article Date: 08-02-2016
Categories: Family Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The Court of Justice delivered on 19 November 2015 its judgment in case C‑455/15 PPU, P v Q, which concerns the interpretation of Brussels II bis (Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matter... [Read All]

A time-limit calculated from the day following the publication of a law breaches the Directive on unfair terms

Article Date: 01-02-2016
Categories: Contract Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The Court of Justice delivered on 29 October 2015 its judgment in case C‑8/14, BBVA SA, formerly Unnim Banc SA, v Pedro Peñalva López, Clara López Durán, Diego Fernández Gabarro. The Court found a provision of national enforcement law, which imposes a time-l... [Read All]

The Milan Court or the High Court? Jurisdiction clause and lis pendens

Article Date: 25-01-2016
Categories: Contract Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
On 9 October 2015, the High Court of Justice of England and Wales (Commercial Court) delivered a judgment on jurisdiction clauses and lis pendens (Barclays bank plc v Ente Nazionale di previdenza ed assistenza dei medici e degli odontoiatri, [2015] EWHC 2857 (Comm). The facts were the following. Th... [Read All]

Personal dignity and fundamental rights

Article Date: 18-01-2016
Categories: Consumer Law Typology: Articles
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From Altalex.EU Blog - Comments (0)
Preliminary observations Italian jurists are familiar with the word “dignity”: it appears at the beginning of Italy’s Constitution (article 3, para.1)  in the meaning of “social dignity” – which, together with the principle of equality before law is ensured ... [Read All]

Article 6 Brussels I Regulation and the work injury of a British citizen in Belgium

Article Date: 11-01-2016
Categories: Employment Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The High Court of Justice of England and Wales delivered on 7th May 2015 its judgment in Shannon v Global Tunneling Experts UK Ltd and alii ([2015] EWHC 1267 (QB), (Judgment 7 may 2015). The facts were the following. The claimant is a British citizen who had been working on a railway construction p... [Read All]

The invalidity of the Commission's US Safe Harbour Decision

Article Date: 21-12-2015
Categories: Consumer Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The Court of Justice has declared on 6 October 2015 that the Commission’s US Safe Harbour Decision is invalid (C-362/14, Maximillian Schrems v Data Protection Commissioner).   The background is probably well-known. Maximillian Schrems, an Austrian citizen, has been a Facebook user since ... [Read All]

The report of the European Commission on the European Order for Payment Regulation

Article Date: 14-12-2015
Categories: Business Law Typology: Articles
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From Altalex.EU Blog - Comments (0)
With a delay of nearly two years (see Art. 32 of Regulation 1896/2006), the European Commission published on 13 October 2015 its report on the European Order for Payment (COM (2015) 495 final). One should note that the report follows the proposal to amend the EOP (and ESCP) and its recent adopt... [Read All]

Restructuring of the Greek debt and the Service Regulation

Article Date: 30-11-2015
Categories: Consumer Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
CJEU, 11 June 2015, joined Cases C 226/13, C 245/13, C 247/13 and C 578/13, Stefan Fahnenbrock (C 226/13), Holger Priestoph (C 245/13), Matteo Antonio Priestoph (C 245/13), Pia Antonia Priestoph (C 245/13), Rudolf Reznicek (C 247/13), Hans-Jürgen Kickler (C–578/13), Walther Wöhlk (C ... [Read All]

Domestic jurisdiction and Directive 93/13 on unfair terms in consumer contracts

Article Date: 23-11-2015
Categories: Consumer Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The Court of justice recently delivered an interesting decision (12 February 2015, C‑567/13, Baczó and Vizsnyiczai v Raiffeisen Bank Zrt) on the interpretation of Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contract. Article 7(1) states that &l... [Read All]

International jurisdiction over children’s maintenance allowance

Article Date: 16-11-2015
Categories: Family Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The Court of Justice delivered very recently (16 July 2015) its judgment in the case A v B (C 184/14), which was about the interpretation of Article 3(c) and (d) of the Maintenance Regulation (Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and e... [Read All]
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